BondWithMe Terms and Conditions of Use
1. Parties to Agreement
This agreement is between Bond With Me Holding Limited, a company incorporated in Hong Kong (the “Company”) and you, a user of any services, softwares or features of BondWithMe (the “Service”), which is provided by the Company.
2. Agreement to Terms and Conditions
2.1. You shall comply with these Terms and Conditions in your use of the Service. If you do not agree to these Terms and Conditions, you must not use the Service.
2.2. Minors under the age of thirteen (13) are not allowed to use the Service. For minors who are age 13 and above may use the Service provided consent is granted from their parents or guardian who must then agree to these Terms and Conditions (both for themselves and on the minors’ behalf) before these minors can use the Service. The definition of “minor” is governed by the applicable laws and regulations in the jurisdiction, wherever the Service may be used by the minor.
2.3. By using the Service, you are agreeing or deemed to have agreed to these Terms and Conditions.
2.4. If there are additional or separate country-specific terms, then you as a citizen or resident of the specified country shall also need to comply with the country-specific terms in your use of the Service.
3. Changes to Terms and Conditions
3.1. The Company reserves all rights to make any changes to these Terms and Conditions without any notification to you.
3.2. Any changes to these Terms and Conditions will become effective once the changes are posted on the website operated by the Company.
3.3. By continuing to use the Service after the Company make any changes to these Terms and Conditions, you are deemed to agree to the revised Terms and Conditions.
3.4. The Company is not obliged to provide a separate notification to you outlining any changes to these Terms and Conditions. As such, it is your responsibility to check the latest Terms and Conditions stated on the Company’s website.
4. Registration and Account Security
4.1. You need to register an account with the Company in order to access and use the Service.
4.2. You shall provide information which is true and accurate for the purposes of registering an account with the Company. You shall notify the Company to update your information if there is any change.
4.3. Any account you open with the Company is personal to you and you are the only lawful person to access or use your account. As such, you may not transfer, lend, gift or assign your account to any third party.
4.4. You are responsible for safeguarding any passwords used to access your account and use of the Service. Any activity conducted under a particular password is deemed to be conducted by the account holder.
4.5. You may deactivate and/ or delete your account at any time by sending your request to the Company. However, the Company may suspend, deactivate or delete an account without giving prior notice to the account holder if the Company reasonably believes that there is a breach of the Terms and Conditions by the account holder.
4.6. The Company reserves all rights to deactivate and/ or delete any account that has been inactive for a period of one (1) year or more since its last usage of the Service, without any prior notice to you.
4.7. Upon deletion of your account whether by your request or by the Company, your personal data and all data relating to your usage of the Service may be retained in the Company’s storage temporarily before such data is deleted permanently at a time the Company deems fit.
5.1. Your privacy is the Company top concern. The Company will ensure that your privacy and personal information will be protected with security measures and monitoring systems in placed at all times.
6. Advertisements and Promotions
6.1. The Company reserves the right to include advertising and promotions for the Company or a third party, through the Service. Advertising and promotions shall include but not limited to all contents of official accounts of any business entity, brand, organization or individual.
6.2. The Company will never provide your personal information to any third parties without your consent, unless the Company is obliged and/or permitted to do so under applicable laws and regulations.
6.3. Advertisements and/ or promotions by you or any third party through the Service are prohibited without the Company’s prior written consent.
6.4. Any approved advertisements and/ or promotions by you or any third party for any goods and/ or services through the Service shall not constitute an endorsement, sponsorship, support, guarantee or warranty by the Company.
7. Your Content
7.1. You acknowledge and agree that you are solely responsible for any content that you submit, upload, transmit or display through the use of the Service and that the Company is not responsible to you or any third party in connection with any content.
7.2. You further represent and warrant that:
(i) you are the creator and owner of or have the rights required to submit, upload, transmit or display the content, and to grant us the rights as set out in these Terms and Conditions;
(ii) your content shall not contain any false, misleading, offensive, fraudulent or deceptive claim, statement or representation; and
(iii) your content do not infringe, violate or misappropriate any third party right, including copyright, trademark, patent, trade secret, privacy right or any other intellectual property or proprietary right or otherwise contravene any applicable laws or regulations.
8. Third Party Content and Services
8.1. The Company and its directors, officers, employees or agents are not responsible for and do not endorse, support or guarantee the lawfulness, quality, accuracy, reliability or suitability of any contents submitted or services provided by third party including contents provided by other user of the Service or by any advertisers or promoters, made available, linked or shared through the Service.
8.2. You agree to comply with any further terms and conditions imposed by the third party as notified to you if you use or access any contents or services provided by the third party.
8.3. The Company shall not be liable for any defamatory, offensive, illegal, immoral conduct, contents or services provided by any third party through the Service.
8.4. You acknowledge that your receipt, use of any contents or services provided by any third party made available, linked or shared through the Service is solely at your own risk.
9.1. You shall not engage or involve directly or indirectly in the following activities when using the Service:
(i) violation of the law, court verdicts, resolutions or orders or administrative measures that are legally binding;
(ii) hinder, disengage or disrupt public order or customs;
(iii) infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract;
(iv) post or transmit violent, defamatory, obscene or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, etc; or anti social expressions that lead to the discomfort of others;
(v) misrepresentation of the Company and/or a third party, or intentionally spread false information;
(vi) sales, marketing, advertisements, soliciting or any other commercial purposes (except for those approved by the Company);
(vii) promoting religious activities or invitation to certain religious groups;
(viii) illegal or unauthorized collection, disclosure or provision of other’s personal information, content user history, or the like;
(ix) interfere with the servers and/or network systems of the Company;
(x) spamming unsolicited message, emails or any other content; and/ or
(xi) other activities that are deemed to be inappropriate by the Company.
10. Your Responsibility
10.1. You shall use this Service solely at your own risk, and shall bear all responsibility for all actions carried out and their results upon this Service. The Company shall not be liable for any defamatory, offensive, illegal, immoral content, services or conduct by you through the Service.
10.2. If the Company is aware that a user of the Service is violating the Terms and Conditions, the Company may take measures that the Company considers necessary and appropriate. However, the Company shall not be responsible for correcting or preventing such violation towards other users or others.
10.3. In the event where the Company has suffered loss/damage or has been charged an expense (including but not limited to solicitor’s fees) or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to you violating applicable laws and/or the Terms and Conditions while using the Service, then you shall immediately compensate the Company upon request.
11. Intellectual Property Rights
11.1. All intellectual property rights in or to the Service (including future updates, upgrades and new versions) will continue to belong to the Company and/or our licensors.
11.2. You have no right to use, reproduce, disseminate, publish, transmit, distribute, upload and/ or modify our intellectual property rights including our trademarks, brand names, product names, logos, domain names, taglines, symbols, mascots, graphics, get-ups, emojis, emoticons, designs, patents, copyright, softwares, source codes, user interface or other distinctive features without the Company’s prior written consent.
11.3. When using the Service involving you to download and using the Service from the Company, then we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the the Service in accordance with these Terms and Conditions.
11.4. You shall not copy, modify, reverse compile, reverse engineer or extract source codes from using the Service, except to the extent permitted under applicable laws or regulations or you have our prior written consent to do so.
11.5. The Company may from time to time provide updates to the Service which may occur automatically or manually depending on your device’s setting. Kindly note that the Service may not operate properly or at all if upgrades or new versions are not updated by you.
11.6. The Company does not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or operating system.
11.7. Any comments, feedback or suggestions that you provide regarding the use of the Service are entirely voluntary and the Company will be free to use these comments, feedback and suggestions at our discretion to improve the Service without any payment or other obligation to you.
12. Limitation of Liability
12.1. In no event or circumstances shall the Company and its directors, officers, employees, affiliates or agents, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages under any theory of liability whatsoever resulting from any of the following:
(i) errors, mistakes or inaccuracies of contents;
(ii) loss of data, loss of use, loss of profit or loss of business arising out of and/ or in connection with the use or performance of the Service;
(iii) personal injury or property damage or any nature whatsoever, resulting from your access to and use of the Service;
(iv) any unauthorized access to or use of the Company secure servers and/or any and all personal information and/or financial information stored therein;
(v) any interruption or cessation of transmission to or from the Company servers;
(vi) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party;
(vii) any errors or omissions in any contents or for any loss or damage of any kind incurred as a result of your use of any contents posted, emailed, transmitted, or otherwise made available via the Company client, whether based on warranty, contract, tort or any other legal theory, and whether or not the Company is advised of the possibility of such damages;
(viii) any excessive data usage resulting from using the Service on your device or operating system; and /or
12.2. The foregoing limitation of liability shall apply to the fullest extent permitted by laws and regulations in the applicable jurisdiction.
12.3. Subject to sub-clauses 12.1. and 12.2., the Company’s liability for all other claims shall in no circumstances whatsoever exceed Hong Kong Dollar One Thousand (HKD 1,000).
13.1. You shall indemnify, defend and hold harmless the Company and its directors, officers, employees, affiliates and agents from and against any and all claims, damages (actual and/or consequential), actions, proceedings, losses, obligations, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by the Company arising as a result of or in connection with any claim arising from or relating to:
(i) your breach of any of these Terms and Conditions;
(ii) your use of and access to the Service;
(iii) your breach of any third party right, including without limitation any copyright, property or privacy right; or
(iv) any claim that one of your submitted contents or status texts or other communications submitted by you caused damage to a third party.
13.2. The Company reserves the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against the Company without your prior consent.
14. Disclaimer of Warranties
14.1. The Company and its directors, officers, employees, affiliates and agents disclaim all warranties, express or implied, in connection with the Service and the use thereof.
14.2. You expressly acknowledge and agree that use of the Service shall be at your sole risk as to satisfactory quality, performance, accuracy and effort is with you.
14.3. All of the Service is provided on an “as is” and “as available” basis, with all faults and without warranty of any kind to the extent permitted by applicable laws and regulations.
14.4. The Company hereby disclaims all warranties and conditions with respect to the Service, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability quality, of fit for a particular purpose, of uninterrupted, secure or error free or free from viruses, of quiet enjoyment and non-infringement of third party rights.
14.5. You waive any and all implied representations, warranties and undertakings to the extent permitted by applicable laws and regulations.
15. Notification and Contact
15.1. When the Company notifies or contact users regarding the Service, the Company may choose a communication mode that the Company considers appropriate, such as posting on the Company website and/ or posting on the Service.
15.2. You consent to the Company from time to time to send you through the Service any notification and/ or alert relating to the Service.
15.3. When you wish to notify or contact the Company in regard to the Service, you shall use the customer contact available through the Service or on the Company website or other means designated by the Company.
15.4. You can report any abuse or complain about content by contacting us, outlining the abuse and/or complaint. You can also report a user stating the reason for the complaint and providing us with any additional information as you think fit.
16. Force Majeure
16.1. The Company shall not be liable for failures, suspensions or delays in the Service caused directly or indirectly by wars, strikes, lockouts, earthquakes, telecommunication system and infrastructure disruptions, floods, fires, explosions, riots, political, legal, regulatory or administrative changes, acts of terrorism or similar catastrophes that are beyond its reasonable control and without its material fault.
17. Governing Law and Dispute Resolution
17.1. The Company may translate the Terms and Conditions into different languages. In the event of any contradiction between the English version and any translation, the provisions in the English version shall take precedence over any other translation.
17.2. These Terms and Conditions will be governed by the laws of the Hong Kong Special Administrative Region.
17.3. Any dispute, conflict or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms and Conditions and relating in any way to the use of the Service, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of arbitration will be in Hong Kong with only one arbitrator. All arbitration proceedings will be conducted in English.
17.4. You agree that any cause of action against the Company arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18. Assignment of the Agreement
18.1 The Company may assign this Agreement, wholly or in part at any time without prior notice to you. However you may not assign any part of this Agreement to any third party.
BondWithMe April Rewards – Terms and Conditions
The BondWithMe April Rewards (“the Rewards”) is sponsored and organized by Bond With Me Sdn. Bhd.(“the Company”) in collaboration with approved participating merchant.
The Rewards is aimed at rewarding the existing users of the Bond With Me mobile app (“BWM”) who:-
- recommend BWM through the app to their families and friends to sign up as users; and/ or
- add and connect with other existing members.
1. The Rewards is open to anyone who:-
- is aged 13 or above who has registered as a BWM’s user; and
- is domiciled in Malaysia.
2. Employees of the Company and its associated companies and their immediate family members are not eligible to participate in the Rewards.
The Rewards shall commence from 1st April 2016. The Company shall announce when the Rewards shall terminate on the Company’s website and/ or through the Service.
Earning the Rewards Points
1. The Rewards points can be earned in the following manner:-
- an eligible participant (“the participant”) will have to invite through BWM anyone who is not a BWM’s user to download BWM and to register as a user; and/or
- the participant will have to send a request through BWM to add an existing BWM’s user into his/her member list.
2. A Rewards point will be accrued to the participant once the invitee through BWM accepts his/her invitation or request according to the above sub-clause 1.
3. Sending an invitation or request to the same individual repeatedly may amount to an abuse of the Rewards and strictly will not entitle a participant to any additional Rewards points.
Redeeming the Rewards Points
- The participant’s accumulated Rewards points can then be redeemed for digital vouchers from the Company’s participating merchant (“the vouchers”) by following the simple steps provided at the BWM’s Rewards feature. The said Rewards points can only be redeemed digitally through BWM.
- Any Rewards points redeemed by the participant will not be reinstated, reversed or undone under any circumstances.
- The Rewards points and the vouchers shall not be treated as cash or credit and are not exchangeable for cash, credit or any other items whatsoever.
- Accumulated and unredeemed Rewards points can be redeemed and used for other Rewards programs in future.
- The participants are strongly encouraged to redeem your Rewards points for the vouchers or other privileges as soon as possible. The Company has the sole right to determine when the accumulated and unredeemed Rewards points expire whereby the Rewards points shall be forfeited.
- The participant shall have no claims whatsoever against the Company for any forfeited Rewards points.
- The vouchers are subject to availability and are only valid for use at the participating merchants’ websites and/ or physical stores.
- The vouchers are only valid for use until the expiry dates determined by the participating merchants. The expiry dates, unless stated otherwise, shall not be extended.
Fraud, Abuse and Participant Prohibition
Fraud and abuse relating to earning and redemption of Rewards points shall result in forfeiture of accrued points, the vouchers and/or blacklisting. The Company reserves the right to prohibit any participant to participate in the Rewards or in any future Rewards program if it deems or suspects that the participant has engaged in any of the following:-
(i) acting in violation of these Terms and Conditions and/ or BWM Terms and Conditions of Use;
(ii) damaging, tampering with or corrupting the operation of the Rewards or BWM;
(iii) acting with intent to annoy, harass or abuse any other person;
(iv) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent or illegal behavior or activity; or
(v) any activity deemed in the sole discretion of the Company to be generally inconsistent with the intended operation of the Rewards.
- The Company makes no warranties or representations either express or implied with regard to the quality, fitness, merchantability or durability whatsoever of the goods or services purchased with the vouchers. The participant shall refer to the participating merchants for any claims or warranties whatsoever.
- The Company reserves the right to cancel, suspend or postpone the Rewards and to amend, vary or remove any Terms and Conditions in its absolute discretion without prior notice to the participant.
- The Company’s decision on all matters including barring or blacklisting of any participant from the Rewards shall be final and binding without recourse to any appeal.
- By participating in the Rewards, the participant is deemed to agree to be bound by these Terms and Conditions.
- Notwithstanding the sub-clauses 17.2 and 17.3 of BWM’s Terms and Conditions of Use, any dispute arising from the Rewards shall be subject to the exclusive jurisdiction of Malaysian courts. The Terms and Conditions herein shall be exclusively governed by Malaysian law.