(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”.
Acceptance of Terms
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.
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.
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.
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:
(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.
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.
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.
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.
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.
(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);
(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.
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
(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.
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.
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].