TERMS OF USE

(As at December 2021)

OkayCun (www.okaycun.com) (“Site”) is a website owned, managed and maintained by Media Prima Omnia Sdn. Bhd. (Company Registration No. 199701021126 (436623 M)) and TLKS Media Sdn. Bhd. (Company Registration No. 202001021566 (1377886-A)) (collectively, “Company”).

The Company and the Site are collectively referred to as “we”, “us” and “our”, and the users, visitors, viewers and/or the customers of the Site are collectively referred to as “User”, “you” and “your”.

These Terms of Use shall apply to all User of the Site and govern your access and use of the Site. Please read these Terms of Use before accessing the Site and/or using any features, functions or services available in the Site. By accessing and/or using the Site, you agree to these Terms of Use and it is deemed that you have agreed to be bound by these Terms of Use without any limitation or qualification. If you do not accept any of these Terms of Use, do not access nor use the Site or any features, functions and/or services thereof.

We reserve the right to amend, revise and/or vary these Terms of Use at any time without any prior notice. Your access or use of the Site will be deemed as an irrevocable acceptance of such changes, modifications or alterations to these Terms of Use. Please visit the Site and these Terms of Use regularly to review the current Terms of Use.

These Terms of Use is our intellectual property. Any third parties are not allowed to extract these Terms of Use or any part thereof for any purpose. This kind of action may result to legal action.

Acceptance of Terms

You must be eighteen (18) years of age and above to use and access the Site and/or features, functions and services of the Site, including but not limited to, any purchase or subscription of products and/or services within the Site. In the event that you are below eighteen (18) years of age (minor), you are required to first obtain consent and permission from your parent or legal guardian before you can use and access the Site and/or the features, functions and/or services of the Site, wherein such parent or legal guardian is agreeable to these Terms of Use upon giving the consent and permission, and is required to ensure that the such usage or access is made under strict supervision and in accordance with these Terms of Use. By using the Site, you represent and warrant that you are a legal adult and that you are fully able and legally competent to enter into the terms, conditions, obligations and affirmations, and to abide by and comply with these Terms of Use. You agree to comply will all the applicable laws, statutes and regulations regarding your usage of or access to the Site and the features, functions and/or services provided therein. Notwithstanding anything to the contrary, we may refuse access and/or service, cancel subscription or terminate your account at our sole discretion if we deem necessary.

Privacy Policy

Our Privacy Policy applies when you use the Site and/or any services provided in the Site, and our Privacy Policy is made part of these Terms of Use. The Privacy Policy explains our policy related to the collection, use, storage and protection of your personal data which may be amended or supplemented from time to time. By accessing and using the Site or any of the features, functions and/or services provided in the Site, it is deemed that you have consented and agreed (i) to the terms specified in the Privacy Policy, (ii) that we can use your personal data in accordance with our Privacy Policy and (iii) to all our actions taken in respect with your personal data consistent with our Privacy Policy.

Site Access

We are giving you access for personal use of the Site and not to download or modify any portion of it unless consent is obtained from us or the services provided in the Site allow you to download certain content as permitted by us at our sole discretion, subject always to the terms and conditions related thereto. You may not collect and/or use any content, product listings, descriptions, prices or images, or any use of data mining, data gathering and extraction tools. We will terminate, stop or suspend your access to the Site if we believe there is such unauthorised use. You agree not to use or launch any automated system that may access the Site in a manner that sends more request messages to the servers of the Site in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, we grant public search engines operators’ permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We however, reserve the right to revoke these exceptions. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their accounts registration or content submissions.

User’s Responsibilities

You shall use the Site at your own risks. You agree to access and use the Site for lawful purposes only and you shall not conduct any unlawful activity on the Site. You will ensure that any information and details that you have provided on the Site, including for your account registration and login are valid, accurate and correct.

You shall at all times abide by all applicable laws, rules and regulations, including those pertaining to libel, slander, defamation, product disparagement, harassment, invasion of privacy, personal data, tort, obscenity, indecency and intellectual property.

The information and content available on the Site, may include intellectual property that is protected under applicable copyright, trademark and other intellectual property laws. Such intellectual property laws prohibit the unauthorised reproduction, distribution or exhibition of all text, photographic and graphic, images, music, sound samplings and other protected materials. Accessing the Site or using any services available in the Site does not give you ownership of any intellectual property rights in such services or the content you access. You are not allowed to use the content from the Site or the said services unless you prior permission from its owner is obtained, or otherwise specifically allowed under the Site or permitted by law. These Terms of Use do not grant you the right to use any branding or logos used in the Site. The violation of applicable intellectual property laws may give rise to civil and/or criminal penalties.

When interacting with other users/visitors/sellers for their services, you should do so with caution and common sense to protect your personal safety and property. We, our affiliates or licensors are not responsible for the conduct, whether online or offline, of any user/visitor of the services. We, our affiliates or licensors will not be liable for any claim, injury or damages arising in connection with your use of the Site. We are not responsible for other users’ actions or inactions, including content that they may post on the Site.

You acknowledge that there may be risks of dealing with people acting under false pretenses. You acknowledge that you are responsible for the risks of making a purchase, subscription or any transactions on third party websites including its liabilities and consequences of taking such risks on completing the transactions on the third party websites. Such risks shall include, but are not limited to, misrepresentation of products or services, fraudulent schemes, unsatisfactory quality, failure to meet your specifications, defective or unlawful products or services, delay or default in delivery or payment, breach of warranty or breach of contract, violation of third party rights, claims made by third parties (“Risks”).

You agree that we will not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business interruptions or expenditures of any kind that may arise a result of or in connection with any Risks. Any damage, loss or expense resulting from the use of the Site and/or Risks shall be borne solely by you and we shall not be liable therefrom.

You should not rely on any information made available through the third parties’ websites and/or through the Site. You should verify the validity and authenticity of the information before taking any action. We shall not be liable to you for any damages, losses or expenses incurred resulting from any use or access to the third parties’ websites linked to the Site, even if we have been advised the possibility of the same. In the event you have any dispute with any party to a transaction, you agree to release and indemnify us, our directors, officers, employees, affiliates, subsidiaries and representatives from all claims, demands, actions, losses, damages, costs and expenses, including actual, special, incidental or consequential damages arising out of or connection with such transaction.

Registration

To access and use certain features, functions and/or services available in the Site, you are required to create an account and/or register with us via an application provided on the Site. You are responsible to (a) ensure that all information and details submitted to us are valid, accurate and correct and (b) maintain the confidentiality and security of your account, comprising all your information, details and password. You shall not misuse the Site by creating multiple accounts. If you know of any unauthorized use of your account, you are required to promptly notify us. By creating and/or registering an account with us, it is deemed that you have agreed to these Terms of Use, our Policy Privacy and other terms and conditions related thereto.

Suspension or Termination of Account

The following event (which is not exhaustive) will entitle us to limit your activity under your account, suspend your account temporarily, terminate your account and/or prohibit access to your account, the Site and/or the features, functions or services available in the Site:

(a) Breach of any of these Terms of Use and/or other terms and conditions related thereto by you;

(b) Any wrong, inaccurate, incomplete or false information provided to us by you;

(c) Performance of any fraudulent activities by you or by any third parties under your account;

(d) Your actions or activities invade the privacy of other parties; and/or

(e) Usage of other person’s bank account(s) without such person’s prior consent or permission first had and obtained.

Notwithstanding the aforesaid, we also reserve the right, in our sole discretion, to terminate your access to all or any part of the Site and other features, functions or services related thereto, with or without any reason.

Limited liability and Indemnity

By accessing and/or using the Site, you are deemed to have agreed and accepted that the Company is not liable for any claims including any third parties’ claims for direct, indirect, special consequential, punitive or incidental (including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of reputation, loss of privacy, loss of data or the cost of procurement of substitute products or services) arising out of or from (a) your use and/or inability to use the Site, the information and material contained in the Site and the features, functions and/or services available in the Site, (b) performance or failure of the Site, that arise out of or relating to network service providers’ problems or your device problems. The Company shall not be liable for any material provided by any third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials. In all cases, we, our affiliates, partners or licensors, will not be liable for any loss or damage that is not reasonably foreseeable.

By virtue of your access or use of the Site, you hereby undertake to fully indemnify the Company for any damages, losses, expenses and cost that may arise as a direct or indirect consequence of a breach on your part of any provisions of these Terms of Use.

Subscription Services

Some of the services made available on the Site can only be accessed and/or used by the registered User who has registered and subscribed to such services. To register and subscribe, you may be required to (a) provide the relevant details and information (which may include personal information) to the Company and (b) make payments through a credit card, debit card, online payment, digital wallet or other payment method(s) accepted by the Company (as selected via the functions available on the Site) (“Payment Methods”).

All descriptions, information of the services posted on the Site are provided “as is” and without warranties express, implied or otherwise howsoever rising.

No binding contract in respect of any subscription of the services shall exist between you and the Company until the relevant transactions are completed.

To place any purchase or submit any subscription through the Site, you are required to follow all relevant processes and procedures provided on the Site or as and when advised by the Company. By placing a purchase or submitting a subscription, it is deemed that you have accepted and agreed to these Terms of Use and other terms and conditions governing such purchase or subscription.

Price / Rate and Payment Terms

All services offered by the Company on the Site are subject to availability. Any price and/or rate displayed on the Site may change from time to time, unless stated otherwise.

All prices and rates on the Site are in Ringgit Malaysia / Malaysian Ringgit (MYR) and inclusive of any applicable taxes, unless otherwise stated.

Payments of any purchases or subscription fees can be made via the Payment Methods. When you provide us with your payment details, you hereby confirm that you are authorized to use such Payment Methods.

We reserve the right to impose additional terms and conditions in respect of any purchase or subscription of services on the Site, including but not limited to terms and conditions provided by the issuing banks and/or financial institutions in respect of the modes of payment via credit card, debit card and/or online banking. You are responsible to ensure that you strictly comply with the said terms and conditions.

When you make payments via credit card, debit card and/or online banking, please keep the payment receipts with you as proof of payments. Such modes of payment are subject to validation checks and authorization by card issuers. If we do not receive the required authorization, we will not be liable for any delay.

We reserve the right to reject your purchase or subscription if any of your Payment Methods are declined or rejected due to any valid reason.

Withdrawal and Cancellation

We reserve the right, from time to time, to cancel your purchase or subscription, or withdraw any items and/or services due to exceptional circumstances, at our sole discretion. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion. In the event of any such cancellation and/or withdrawal, provided that the full payment of the purchase or subscription fees are duly made by you, the total amount of the said purchase or subscription fees will be refunded to you, subject to the terms and conditions related thereto. We will not be liable to you or any third party to provide any reason of such cancellation and/or withdrawal.

Proprietary Rights

We are the operator of the Site, and the contents of the Site are our property or are used under license from our clients, sellers and/or merchants. We are the owners of the compilation of information in the Site.

All logos, icons, graphics, trade names, service marks, trademarks, images, text, websites, domain names, and other intellectual properties in relation to the Site (collectively “Marks”) are intellectual properties owned by us or licensed to us. We also reserve all intellectual property rights in all content including design, layout, images and text of the Site (“Content”). The look and feel of our colour combinations, other graphical elements and any trade marks as well as any copyrighted materials on the Site are the intellectual property of the Company.

Our rights are protected by international treaties, and by laws applicable for copyright, trademark, patent and trade secret and other proprietary rights. You are not allowed to copy, modify, display reproduce, distribute, publish, imitate in any format, any of the Content or the Marks for any commercial or business purpose without our express written consent. We grant you a limited, non-exclusive and revocable license to access this Site for the purpose of browsing products or services offered for sale, or obtaining information from this Site. If you breach this term, we reserve our rights to take appropriate legal action against you.

Your license to access this Site does not extend to any commercial use of the Site, or to any use of this Site whatsoever which is for the benefit of any entity other than us. You may not reproduce, duplicate, copy, sell, resell, exploit any portion of the Site for any commercial purpose or otherwise other purpose without express consent from us. You are not allowed to create a hyperlink that portray us, our affiliates, our products or services in an offensive, derogatory, misleading or false matter. You may not frame or use framing techniques to enclose our trademark, logo, proprietary information (images, text, content format or layout) for whatever purpose without our express written consent.

You are not permitted (a) to download any part of the Site and/or the services related thereto (other than by automatic page caching), (b) to amend or modify it or any part of it, (c) to reproduce or copy, sell (including any resale), or (d) otherwise exploit the Site (or any part of it) for any purpose other than as set out herein, nor are you permitted to frame the Site or to link to any element of it other than the homepage, unless otherwise expressly permitted by us at our sole discretion as provided in the Site which may allow you to download certain content, subject always to the terms and conditions related thereto.

You are permitted to link to our homepage, provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our interests but you are not permitted to use any of our Marks either as or in connection with such a link.

Notwithstanding anything to the contrary, we do not suggest, endorse, promote or advertise any third party’s causes, ideas, reviews, sites, products or services of such links and we do not allow those links to use the content hosted on the Site for any inappropriate or commercial uses or purposes in any way that is unlawful or harmful to any third party. We reserve the right to withdraw permission to any of such link.

To the extent permitted by law, we reserve the right to change, rearrange, add, modify or delete any content including without limitation, the features, design and layout of the Site, the content, advertisements, the list of products or services, the type of services and the information that are presented or displayed on the Site.

Other marks, logos and names appear on the Site may be owned by third parties. You are responsible to ensure that their intellectual proprietary rights are not infringed in any way. You will fully indemnify us and hold us harmless against any loss or damage arising out of any and all third party claim which arises from such intellectual property rights infringement.

Third Party Site, Advertisers & Sponsorship

This Site may include links to third party website, including links provided as automated search results. These links do not mean that we endorse these third party websites or services. You hereby acknowledge and agree that we are not responsible or liable for any content or other materials available on these third party websites. Any dealings that you may have with advertisers found on this Site are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against such advertiser.

We are not responsible for any error or inaccuracy in any advertising or sponsorship material. Advertisers and sponsors are responsible for ensuring that the materials they submitted for inclusion on the Site comply with all applicable laws.

Disclaimer

We are not responsible for other users’ actions or inactions, including the content that they may post on the Site. You acknowledge that we are not traditional online seller. We are not involved in the actual transaction between the sellers and the buyers that promote, offer for sale or advertise on the Site. Other than as expressly set out in these Terms of Use or any terms stated in the Site, neither us nor our affiliates or licensors make any specific promises about the Site and/or the services related thereto.

We do not warrant or represent that your access to or use of the Site or the services provided in the Site or any linked site will be uninterrupted or free of errors or omissions, that defected will be corrected, or that such services or such linked sites are free of computer viruses or other harmful components.

We are not responsible of any information transmitted by you or to you through the third parties’ websites or the Site, and you accept the risk that any information transmitted or received through the Site or the third parties’ websites. This Site may contain links to third party websites that are not owned or controlled by us. We are not responsible for the content or privacy policies of such third party websites.

Under no circumstances shall we, our affiliates, our subsidiaries, our representatives or our suppliers be liable to you or to any third party for any direct, indirect, consequential, incidental, special or punitive damages, whether in contract or in tort, arising in any way out of access to or use of or inability to access or use any of the services or any linked or its contents, including without limitation lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if we are advised of the possibility of such damages.

We shall not be liable for any non-performance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, war, strikes, fire, flood or any other act of God, any law, regulation or order of any court, government or government agencies, or delays, unavailability, errors, or other failures of the internet or other data networks.

We are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or infringement of another’s rights including intellectual property rights.

All products and services on the Site are provided on an 'as is' and 'as available' basis. The products and services on the Site may be suspended temporarily and without notice for any reason including without limitation in the case of system failure, maintenance or repair or due to events reasonably beyond our control. Except as stated otherwise, we will not be liable to you or to any other person in the event that all or any part of the products and services is unavailable, discontinued, modified or changed in any way.

In addition to other specific exclusions of liability set out in these Terms of Use, we do not accept any liability for:

(a) any damage or loss caused to you while using our services and while using the products and services sold/available on the Site, your breach of these Terms of Use;

(b) any loss of income, revenue, business, profits or contracts that results from your use of our services and while using the products and services sold/available on the Site;

(c) any failure, suspension and/or termination of access to our services and while using the products and services sold/available on the Site and/or any content in connection with or arising out of an event which is outside our reasonable control (including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents);

(d) any claims brought against you by a third party, except as stated otherwise in these Terms of Use;

(e) any damage or loss caused to you where such damage or loss (i) is not reasonably foreseeable to you and us when you use our services and while using the products and services sold/available on the Site or (ii) is reasonably foreseeable to you and us but is only indirectly related to your use of our services and while using the products and services sold/available on the Site; in both cases including where the damage or loss results from our breach of these Terms of Use; or

(f) any content or other materials included in our services, content or materials of which are not intended to, amount to advice which you should rely. Consequently, we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such content or materials.

Indemnification

You agree to defend, indemnify and hold us, our affiliates, our subsidiaries or our representatives harmless, against all claims, losses, damages, liabilities and costs (including without limitation legal fees), arising out of or relating to your breach of these Terms of Use or your access to or use of the Services provided in the Site. The foregoing indemnification obligation shall survive termination of these Terms of Use and the operation of the services or any product provided to you, arising out of or relating to your use of the services.

Severability

If any provision or portion of these Terms of Use, shall be invalid or unenforceable under applicable laws in Malaysia, such provisions would be deemed severed from the rest of these Terms of Use and the remainder of these Terms of Use shall not be affected and each term and provision of these Terms of Use shall be valid and enforceable to the fullest extent permissible by law.

International Use

We make no representation that the content provided on the Site is appropriate or available for use in locations outside Malaysia, and accessing it from territories where the Content is considered illegal is strictly prohibited. If you choose to access the Site or the third parties’ websites from a location outside Malaysia, you do so, on your own initiative and you are solely responsible for compliance with the local laws in such location.

Choice of law and location for resolving disputes

As the Site is operated by us from within Malaysia, these Terms of Use shall be governed by and enforced in accordance with the laws of Malaysia and you agree and submit to the exclusive jurisdiction of the Courts of Malaysia.

Please note that by agreeing to these terms of use, you are:

(a) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own;

(b) irrevocably consenting to the exclusive jurisdiction of, and venue in Malaysia over any disputes or claims you have with us; and

(c) submitting yourself to the personal jurisdiction of courts located in Malaysia for the purpose of resolving any such disputes or claims.

Termination

Your right to use the Site automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with the Site. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Site, for any reason for or without notice.

No Waiver

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. If any provisions of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Force Majeure

We shall not be liable for any failure to perform any of our obligations under these Terms of Use or our services related to the Site if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, we will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

For purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time any of its obligations. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, acts of God, epidemic, pandemic, quarantine restrictions, and general failure of public transport.

Accuracy of this Website

While every precaution has been taken in the preparation of the Site and every effort made, the accuracy of information mentioned in the Site are subjected to changes and differences. We shall not be liable for any errors or omissions that may remain and any losses or inconveniences incurred as a result of such changes or differences.

The Site may contain inadvertent inaccuracies or typographical errors. These will be corrected at our end, as they are found. The information on the Site is updated regularly, but inaccuracies may remain or occur where changes occur between updates. We exclude any obligation or responsibility for such content.

Some of the materials published on the Site provide general information only. They are not intended as an advice and must not be relied upon as such. The materials have not been prepared by taking into account your personal needs and requirements. You should make your own inquiries and if necessary take independent advice tailored to your specific circumstances before making any decisions. None of the materials on the Site constitutes, and must not be construed as, an offer of sale of the products or services mentioned therein, if any.

Conflict Terms

These Terms of Use may be made available in other languages. In the event of any conflict or inconsistency between this English language version of these Terms of Use and any subsequent translation into any other language, this English language version will prevail.

Contact Us

If you have any questions, comments, feedback or complaints about the Site or any features, functions and/or services related thereto, please contact us at [email protected].