Happy Wallet Sdn Bhd provides a mobile platform (namely MediSave ) to connect merchants that intent to advertise their promotional content, events, vouchers, rewards and loyalty programs (collectively, the "Offerings") with customers who want to learn about, follow and participate in such Offerings, which are made available through a mobile app called “MediSave”, through any online devices, application program, and by email, sms or by phone (collectively, the "Services").
These Terms of Service ("Terms") are between you and MediSave (hereinafter referred to as "MediSave", "we," "us", or "our"). By using the Services, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. These terms govern your access to and use of the Services, and constitute a binding legal agreement between you and MediSave .
The Services comprise a platform through which merchants may share Offerings on a page provided by MediSave to the merchants (hereinafter referred to as "Page") and customers may learn about, participate and follow such Offerings directly from the Page. You understand and agree that MediSave is not a party to any agreements entered into between merchants and customers. MediSave has no control over the conduct of merchants, customers, and other users of the Services or any Offerings shared on the Pages, and disclaims all liability in this regard to the maximum extent permitted by law.
If you are a merchant and you choose to share Offerings on your Page, you acknowledge and agree that you alone are responsible for any and all Offerings that you post, and you understand and agree that your relationship with MediSave is limited to being a merchant and an independent, third-party provider, and not an employee, agent, joint venturer or partner of MediSave for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of MediSave .
MediSave does not control, and has no right to control, your Offerings, your offline activities associated with your Offerings, or any other matters related to any Offerings that you provide on your Page. If a customer follows your Offerings from your Page, any agreement you enter into with such customer is between you and the customer and MediSave is not a party to it.
As a merchant you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of MediSave, including by inappropriately using any MediSave intellectual property.
Please note that the Services are intended to be used to facilitate merchants and customers connect with each other. MediSave cannot and does not control the Offerings contained in any Page and the condition, legality or suitability of the Offerings.
MediSave is not responsible for and disclaims any and all liability related to any Offering in all Pages . As a customer, you should carry out your own check in respect of any of the merchant’s Offerings or any content and information in the Pages and use your own judgement before you follow or participate in any Offerings. We give no warranties of any kind in relation to the merchant’s Offerings, contents and information in the Pages. We are not liable for any action customers may take as a result of relying on any content and information provided on the Pages or for any loss or damage suffered by customers as a result of taking such action.
You acknowledge and agree that, by accessing or using the Services, or by downloading or posting any content from or on the Pages, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Services.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
The Services that Medisave Onlinevides are always evolving and the form and nature of the Services that Medisave Onlinevides may change from time to time without prior notice to you. If we modify these Terms, we will either post the modification on the Services or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Services after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only resource is to cease using the Services.
The communications between you and MediSave are electronic . You consent to receive communications from MediSave in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
As a condition of your use of the Services, you agree that:
As a customer, you may only create and hold one (1) account on the Services for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account.
As part of your account settings, you have the option to: (a) save, edit or delete your personal information; and (b) opt-out of persistent login.
You understand and agree that MediSave shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Services or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including, without limitation, failure to maintain updated and correct information about your account will cause your account to fall out of good standing and we may cancel your account at our sole discretion.
If your account is cancelled, you may forfeit all forms of unredeemed value in your account. Upon termination, the provisions of these Terms that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Services, including, without limitation, requirements for use.
MediSave retains the right, at our sole discretion, to deny service or use of the Services or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Services and your account accessible, the Services and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in the Services or access to your account due to circumstances both within our control (e.g. routine maintenance) and outside of our control.
The Services allow a customer to earn a percentage (%) of the customer’s spending which will be stored in the customer’s account ("Points"). Cashback is not exchangeable for cash or withdrawn unless specified otherwise, Points can only be redeemed at the participating merchants.
The merchant is solely responsible for all products and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of Cashback or not, as well as for any unclaimed property liability arising from unredeemed Cashback.
You hereby irrevocably waive all rights related to, and release MediSave and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liability arising from or related to any act or omission of a merchant in connection with your use of any Cashback or the products and/or services it provides in connection with it.
You may earn free vouchers from the merchant when you participate in certain activities by the merchant via the Services (each a "Free Voucher", and collectively, "Free Vouchers" ). You may also at times earn Gifts via the Services (each a "Gift", and collectively, "Gifts").
Unless otherwise stated on the Free Voucher and/or Gift or required by law, the following additional terms apply to all Free Vouchers and/or Gifts:
In addition to the Terms set forth herein, each Free Voucher and each Gift comes with its own set of restrictions, terms and conditions (collectively, the “Fine Print,” whether or not they are expressly labeled as such on a Free Voucher and/or Gift) . The Fine Print may restrict things such as when or where you can redeem a Free Voucher and/or Gift, as well as other limitations, so always read carefully.
The merchant is the issuer of the Free Vouchers and Gifts and is solely responsible for redeeming the Free Vouchers and Gifts and responsible for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Free Voucher or Gift, as well as, for any unclaimed property liability arising from unredeemed Free Vouchers or Gifts.
You hereby irrevocably waive all rights related to, and release MediSave and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a merchant in connection with your use of a Free Voucher and Gifts or the products and/or services it provides in connection with it.
All accounts which are not active for the past 12 months will be automatically terminated.
The definition of active is to at least perform “One” transaction in the past 12 months.
We may, in our sole discretion permit you to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted on or via the Services (collectively, "User Content"). We reserve the right to adjust, refuse or remove User Content at our sole discretion.
By submitting any User Content on or via the Services, or through Medisave Onlinemotional campaigns, you hereby grant MediSave a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Services. MediSave does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or through Medisave Onlinemotional campaigns. Accordingly, you represent and warrant that:
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services. In connection with your use of the Services, you may not and you agree that you will not:
MediSave has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, MediSave may take a range of actions against you, including but not limited to deactivating or canceling your Page(s) or MediSave account, for a violation of these Terms.
MediSave may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to
The Services contain copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are protected by copyright, trademark, and other intellectual property laws of Malaysia. MediSave owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of MediSave or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
The Services may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the content on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked sites or resources.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NON E OF MediSave, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, OFFERINGS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF OFFERINGS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SERVICES. THE SERVICES AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SERVICES, OFFERINGS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SERVICES, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, MediSave HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SERVICES OR OFFERINGS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANT ABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
IN NO EVENT SHALL MediSave, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SERVICES, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SERVICES OR SUBMITTED BY TO YOU TO THE SERVICES; (B) YOUR INABILITY TO USE THE SERVICES; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SERVICES; (D) THE OFFERINGS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SERVICES; (E) ANY PRODUCTS OR SERVICES; (F) THESE TERMS; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL MediSave’S LIABILITY IN CONNECTION WITH AN OFFERING, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT OR SERVICE.
You agree to defend, indemnify and hold harmless MediSave, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, relating to, or in connection with any of the following: (a) any Offerings through the Services; (b) any User Content submitted or posted by you, in connection with the Services, or any use of the Services in violation of these Terms; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable Malaysian, or foreign law or rights of a third-party.
You are solely responsible for your interactions with merchants and other users of the Services. To the extent permitted under applicable laws, you hereby release MediSave from any and all claims or liability related to any product or service of a merchant, regardless of whether such product or service is an Offering or Deal available through the Services, any action or inaction by a merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a merchant, a merchant’s failure to comply with applicable law and/or failure to abide by the terms of an Offering or any other product or service purchased or obtained by yo from the merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.
MediSave shall be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of MediSave.
You may not assign or transfer these Terms, by operation of law or otherwise, without MediSave's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MediSave may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any disputes arising out of or related to these Terms and/or any use by you of the Services or MediSave’s services shall be governed by the laws of Malaysia, without regard to its choice of law rules and without regard to conflicts of laws principles.