Terms & Conditions (Updated on 7th July 2020)

 

1. Purpose

 

1.1 This page (together with the documents referred to on it) sets out the terms and conditions (“Terms and Conditions”) on which you may make use of the app/website (as defined below), whether as a guest or a registered user. This app/website is owned and operated by MY CITY⁠⁠⁠⁠ TECHNOLOGY (202003086443, 003097054-X) (“MY CITY app”,” Company”, “us”, “we” or “our”).

 

1.2 You are advised to read these Terms and Conditions carefully before you start to use the app/website. By browsing, accessing or using the app/website or any Services (as defined below) available through it, you hereby indicate that you agree and accept these Terms and Conditions and that you agree to abide by them. Your use of any part of the app/website constitutes your acceptance of these Terms and Conditions which takes effect on the date on which you first use the app/website. If you do not agree with these Terms and Conditions, you should cease using the app/website immediately.

 

1.3 We reserve the right to amend these Terms and Conditions at any time without notice to you by posting changes online. You are responsible to regularly review information posted in the app/website to obtain timely notice of such changes. If you do not wish to be bound by these amended Terms and Conditions, you have the right to delete all of your accounts on our app/website and/or to remove our mobile applications. However, your continued use of our app/website after changes are posted will be deemed to constitute acceptance of the amended Terms and Conditions.

 

2. Definitions

 

The following terms shall have the following respective meanings:

 

2.1 “Merchant” means a third party who shall supply or provide the Product/Services/Deals/Vouchers and/or services for which a Deal/Voucher can be redeemed.

 

2.2 “Purchase” means the purchase of a Voucher through the app/website.

 

2.3 “Register” means creating an account on the app/website.

 

2.4 “Service” or “Services” means all and any of the services provided by the Company via the app/website, including but not limited to the information services, content and transaction capabilities on the app/website and the availability to make a Purchase.

 

2.5 “Voucher” means a voucher purchased by the user through the app/website to exchange or redeem for the Voucher Products from a particular or relevant Merchant.

 

2.6 “Voucher Products” means the products and/or services to be supplied and/or provided by the Merchant.

 

3. Use of the App/website

 

3.1 Applicability of the Terms and Conditions: Your usage of the app/website, any of the Services, any Purchase made and/or any other transactions that may be performed or conducted through the app/website are subjected to these Terms and Conditions.

 

3.2 Eligibility: To use the app/website, the Services and/or to make any Purchase, you must be eighteen (18) years of age or over. Otherwise, you must be accompanied by a parent/guardian.

 

3.3 Place: The app/website and/or the availability of the Services and/or any Purchase are directed solely to those who access the app/website from the cities that are listed on the app/website. We make no representation that the Services are available or otherwise suitable for use by persons outside the listed cities. If you choose to access the app/website (including the use of the Services and/or to make a Purchase) from locations outside of the listed cities, you hereby agree that you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

 

3.4 Scope: The availability of the app/website, Services and/or any Purchase are strictly for your non-commercial, personal use only. Commercial use for any business purposes or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. For the avoidance of doubt, scraping of the app/website (and hacking of the app/website) is not allowed.

 

3.5 Prohibitions and Prevention of usage: You shall not misuse the app/website. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the app/website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the app/website, the Services (or any part of them) and/or from making any Purchase.

 

3.6 Equipment: Your agreement to use the Services, the app/website and/or the making of any Purchase does not include the provision of a computer/mobile device or any other necessary equipment by us to you in achieving any of the said purposes. To use the app/website, the Services and/or to make a Purchase, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.

 

4. Registration for the account

 

4.1 Why to register: You do not need to Register to use much of the functionality of the app/website or to access much of the Services. However, certain Services and related features that may be made available on the app/website may require registration or subscription, such as in order to make a Purchase. This is to ensure that we can provide you with easy access to print your orders, view your past purchases and modify your preferences.

 

4.2 How to register: To Register, you need to supply us with your name, identity number, contact details, email address, payment details and/or some other personal information that is required and/or necessary. You agree to provide true, accurate, current and complete information in any registration form of the app/website and to maintain up-to-date information which is true, accurate, current and complete at all times by making changes, additions or deletions to your user account, as required. You shall not misuse the app/website by creating multiple user accounts and we reserve the right to decline a new registration or to cancel a registered account at any time if we may deem fit. By submitting your personal information to Register, you acknowledge that you agree and accept our personal data notice and expressly consent to authorise us to process your personal data for such purposes as set out in the notice. Please see our Privacy Policy for more details about this.

 

4.3 Passwords: Once you Register with the app/website, we will allocate a password to your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or your account or any breach of security known to you. You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

 

4.4 Valid email addresses: Your account must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to validate your account if we believe you have been using an invalid email address.

 

4.5 Closing accounts: Subject to any other provisions hereinafter contained, we reserve the right to close your account if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-Malaysian user pretends to be a Malaysian user, or disrupts the app/website or the Services in any way.

 

4.6 Multiple logons: If you use multiple logins or accounts for the purpose of disrupting a community or annoying other users, we reserve the right to take any action which we deem fit against your account, your use of the app/website and/or any of the Services.

 

5. Purchase of vouchers

 

5.1 Emails: As a condition of Purchase, we reserve the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the app/website, the Services, the Voucher as well as any other promotional offers. You are able to opt-out of receiving our promotional e-mails or to unsubscribe such information at any time by clicking the unsubscribe’ link at the bottom of any of such e-mail correspondence.

 

5.2 Formation of contract: Purchase acceptance and completion of the contract between you and the Company will only be established upon the Company issuing a confirmation of transaction of the Purchase to you. For the avoidance of doubt, we shall be entitled to refuse or cancel any purchase without giving any reasons for the same to you prior to the issue of the confirmation of transaction. No concluded contract may be modified or cancelled by you except with the agreement in writing of the Company and on terms that you shall indemnify the Company in full against all loss, costs, damages, charges and/or expenses incurred by the Company as a result of the modification or cancellation, as the case may be.

 

5.3 All monetary transactions made by you on the app/website are handled and processed by I-Serve payment gateway system.

 

5.4 Redemption: Once you have made a Purchase, you are entitled to redeem the Voucher Products from the particular or relevant Merchant. The details of the Merchant and Voucher Products will be stated on the Voucher. Any attempted redemption of a Voucher not consistent with this Agreement may render a Voucher void at our or a Merchant’s discretion.

 

5.5 Acknowledgement: You hereby acknowledge that the Merchants:

 

5.5.1 the seller or provider of the Voucher Products;

 

5.5.2 solely responsible for providing you with the Voucher Products; and

 

5.5.3 solely responsible for redemption of any Voucher you have purchased.

 

5.6 Restrictions: (i) Reproduction, sale, resale or trade of a Voucher is prohibited. Any attempt to carry out any of these will potentially void the Voucher at our discretion. (ii) If the Voucher is redeemed for less than its face value, there is no entitlement to a refund, cash or new Voucher equal to the difference between the face value and the amount redeemed. Also, Vouchers are redeemable in their entirety only and may not be redeemed incrementally.

 

5.7 Combination: It is at the discretion of the Merchant to determine whether the Voucher can be combined with any other promotions, vouchers, third party certificates or coupons.

 

5.8 Lost/stolen vouchers: Neither we nor the Merchant are responsible for lost or stolen Voucher or Voucher reference numbers.

 

5.9 Expiry: The Voucher (including, but not limited to, any discounts provided by the Voucher) expires on the date specified on the Voucher. Any subsequent redemption upon the expiry of the Voucher will not be entertained.

 

5.10 Status of vouchers: All Vouchers are promotional vouchers that are offered for Purchase below their face value and are subject to these Terms and Conditions and/or any terms and conditions as may be specified by the relevant Merchant.

 

6. User obligations

 

6.1 Merchant terms: You hereby acknowledge that the Merchants will have their own applicable terms and conditions in relation to the supply of Voucher Products for the redemption of the Voucher, in which you agree to and shall abide by those terms and conditions.

 

6.2 Accurate information: You warrant and undertake that all information provided for Register and/or in relation to the creation of your account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.

 

6.3 Contents on the app/website, Services and Voucher: It is your responsibility to ensure that any products, services or information available through the app/website or the Service meet your specific requirements.

 

6.4 Restrictions: Without limitation, you undertake not to use or permit anyone else to use the Services and/or app/website:

 

6.4.1 to send or receive any material which is not civil or tasteful;

 

6.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;

 

6.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

 

6.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

 

6.4.5 to cause annoyance, inconvenience or needless anxiety;

 

6.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

 

6.4.7 for a purpose other than which we have designed them or intended them to be used;

 

6.4.8 for any fraudulent purpose;

 

6.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; or

 

6.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

 

6.5 Forbidden uses: The following use of the Services, the app/website and/or the Voucher are expressly prohibited, and you undertake not to do (or to permit anyone else to do) any of the following:

 

6.5.1 resale of any Voucher;

 

6.5.2 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;

 

6.5.3 attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);

 

6.5.4 accessing the Services and/or app/website in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;

 

6.5.5 executing any form of network monitoring which will intercept data not intended for you;

 

6.5.6 sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;

 

6.5.7 creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;

 

6.5.8 sending malicious email, including flooding a user or site with very large or numerous emails;

 

6.5.9 entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

 

6.5.10 using the Services or app/website (or any relevant functionality of either of them) in breach of this Terms and Conditions;

 

6.5.11 unauthorised use, or forging, of mail header information;

 

6.5.12 engage in any unlawful activity in connection with the use of the app/website and/or the Services or any Voucher; or

 

6.5.13 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the app/website and Service.

 

7. Rules about use of the service and the app/website

 

7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the app/website will be free of faults (or Vouchers will be free of error) and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: hello@mydreamcity.net

 

7.2 We do not warrant that your use of the Services or the app/website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the app/website will be transmitted accurately, reliably, in a timely manner or at all.

 

7.3 We do not give any warranty that the Services or the app/website is free from viruses or anything else which may have a harmful effect on any technology.

 

7.4 We will use reasonable efforts to allow uninterrupted access to the Services and the app/website, however we shall not be held liable in the event access to the Services and the app/website may be suspended, restricted or terminated at any time.

 

7.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Voucher or Services or forming part of the Services from time to time. Your access to the app/website and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third-party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Voucher from the app/website or Service at any time.

 

7.6 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these Terms and Conditions.

 

8. Suspension and termination

 

8.1 If you (or any other third party authorised by you) use the app/website, the Services and/or the Voucher in contravention of these Terms and Conditions, we may suspend your use of the Services, the app/website (in whole or in part) and/or the redemption of a Voucher.

 

8.2 Upon suspension of usage, we may refuse to restore the Services or app/website or Voucher until we receive an assurance from you, in the format that we deem acceptable. that there will be no further breach of the provisions of these Terms and Conditions.

 

8.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of these Terms and Conditions.

 

8.4 Without limitation to anything else in this Clause 8, we shall be entitled to immediately or at any time (in whole or in part) to suspend your use of the Services and/or app/website and/or suspend the use of the Services and/or app/website for persons we believe to be connected (in whatever manner) to you if:

 

8.4.1 you commit any breach of this Terms and Conditions;

 

8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions; or

 

8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

 

8.5 Notwithstanding any other provisions hereinafter contained, we may terminate or suspend your use of the app/website and/or Services at any time.

 

8.6 Our right of termination and/or suspension herein shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

 

9. Indemnity

 

9.1 You shall defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the app/website and/or Services or the placement or transmission of any message, information, software or other materials through the app/website by you or related to any violation of these Terms and Conditions by you or authorised users of your account.

 

10. Standards and limitation of liability

 

10.1 We warrant and represent that:

 

10.1.1 we will exercise reasonable care and skill in performing any obligation under these Terms and Conditions, and

 

10.1.2 we have the right and authority to sell Voucher through the app/website.

 

10.2 This Clause 10 prevails over all other provisions in these Terms and Conditions and sets forth our entire Liability, and your sole and exclusive remedies in respect of:

 

10.2.1 the performance, non-performance, purported performance or delay in performance of this Terms and Conditions and/or any part of the Services; or

 

10.2.2 otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.

 

10.3 Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty or these Terms and Conditions; (iii) any breach of the obligations implied by relevant local governing laws; or (iv) any other Liability which cannot be excluded or limited by applicable law.

 

10.4 We hereby exclude all Liability in respect of:

 

10.4.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or app/website or otherwise; and

 

10.4.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and

 

10.4.3 your use of any information or materials on the app/website (which is entirely at your own risk and it is your responsibility);

 

10.4.4 Voucher Products for which Vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which is Voucher may be redeemed).

 

10.5 Save as provided in Clause 10.3 but subject to Clause 10.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.

 

10.6 Save as provided in Clause 10.3 but subject to Clauses 10.4.3 and 10.8, our Liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed MYR 10. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 10.6.

 

10.7 Save as provided in Clauses 10.3 and 10.4.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.

 

10.8 Save as provided in Clause 10.3, we shall have no Liability for:

 

10.8.1 loss of revenue;

 

10.8.2 loss of actual or anticipated profits;

 

10.8.3 loss of contracts;

 

10.8.4 loss of the use of money;

 

10.8.5 loss of anticipated savings;

 

10.8.6 loss of business;

 

10.8.7 loss of opportunity;

 

10.8.8 loss of goodwill;

 

10.8.9 loss of reputation;

 

10.8.10 loss of, damage to or corruption of data; or

 

10.8.11 any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 10.8.1 to 10.8.10 apply whether such losses are direct, indirect, consequential or otherwise.

 

10.9 Save as provided in Clause 10.3, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of MYR 10

 

10.10 The limitation of Liability under Clause 10.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.

 

10.11 In this Clause 10:

 

10.11.1 “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract); and

 

10.11.2 “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).

 

11. Data protection

 

11.1 Please see our Privacy Policy which forms part of these Terms and Conditions.

 

12. Advertisements

 

12.1 We may place advertisements in different locations on the app/website and at different points during your use of the app/website and/or Services. These locations and points may change from time to time - but we will always clearly mark which Product/Services/Deals/Vouchers are advertisements (i.e. from persons other than us), so that it is clear to you which Product/Services/Deals/Vouchers are provided on an objective basis and which are not (i.e. the advertisements).

 

12.2 You are free to select or click on advertised Product/Services/Deals/Vouchers or not as you see fit.

 

12.3 Any advertisements may be delivered on our behalf by a third-party advertising company.

 

12.4 No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our third-party advertiser or affiliate may place or recognise a unique “cookie” on your browser (see our Privacy Policy here about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Privacy Policy here about this which you can click on for more information.

 

13. Links to and from other mobile applications/websites

 

13.1 Where the app/website contains links to third party sites and to resources provided by third parties (“Third Party Sites”), those Third-Party Sites are merely linked to provide information only and are solely for your convenience. We have no control over and we assume no responsibility for the content of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Sites linked to the app/website, you hereby agree to do so entirely at your own risk.

 

13.2 This app/website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.

 

14. Intellectual property rights

 

14.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs) whether registered or unregistered) in the app/website and Service, information content on the app/website or accessed as part of the Service, any database operated by us and all the app/website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the sole and exclusive of our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

 

14.2 None of the materials listed in Clause 14.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the app/website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the app/website without our permission.

 

14.3 All rights (including goodwill and, where relevant, trademarks) in the trade name of MY CITY/MY CITY app are owned by us (or our licensors). Other product and company names mentioned on the app/website are the trademarks or registered trademarks of their respective owners.

 

14.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.

 

14.5 The authors of the literary and artistic works in the pages in the app/website have asserted their moral rights to be identified as the author of those works.

 

14.6 Subject to Clause 14.7, any material you transmit or post or submit to the app/website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the app/website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.

 

14.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the app/website; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

 

15. General

 

15.1 Interpretation: In this Agreement:

 

15.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

 

15.1.2 the headings and titles for each clause are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and’

 

15.1.3 references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.

 

15.2 No partnership/agency: Nothing in this Terms and Conditions shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

 

15.3 No other terms: Except as expressly stated in this Terms and Conditions, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

 

15.4 Assignment: You shall not assign or delegate or otherwise deal with all or any of your rights or obligations under this Terms and Conditions without our prior written consent. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Terms and Conditions to any person.

 

15.5 Force majeure: We shall not be liable for any breach of our obligations under this Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident

 

16. Purchases

16.1 From time to time, MY CITY app may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, direct billing or other payment platforms authorized by MY CITY app. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize MY CITY app or the third party account, as applicable, to charge you.

16.2 Auto-Renewal: If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Account Settings on MY CITY app) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the MY CITY application from your device. Deleting your account on MY CITY app or deleting the MY CITY application from your device does not cancel your subscription; MY CITY app will retain all funds charged to your Payment Method until you cancel your subscription on MY CITY app or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

16.3 Additional Terms that apply if you pay to MY CITY app directly with your Payment Method. If you pay to MY CITY app directly, MY CITY app may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, MY CITY app may terminate your account immediately in its sole discretion.

16.4 You may edit your Payment Method information by visiting MY CITY app and going to “My Profile.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

16.5 VIP membership and Other Virtual Items. From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” including but not limited to VIP membership. Any VIP membership or Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items and VIP membership do not incur fees for non-use, however, the license granted to you in Virtual Items and VIP membership will terminate in accordance with the terms of this Agreement, when MY CITY app ceases providing the Service or your account is otherwise closed or terminated. MY CITY app, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ VIP membership or may distribute Virtual Items and VIP membership with or without charge. MY CITY app may manage, regulate, control, modify or eliminate Virtual Items/VIP memberships at any time. MY CITY app shall have no liability to you or any third party in the event that MY CITY app exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS AND VIP MEMBERSHIPS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items and VIP memberships for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items/VIP memberships. YOU ACKNOWLEDGE THAT MY CITY APP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS/VIP MEMBERSHIPS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

16.6 Refunds. Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

17. Reservations, credits and cancellation policy

17.1 Through the use of the Services, a customer may make a restaurant reservation at one of the times, venues and at the promotions offered by a Merchant. We do not however guarantee and are not responsible for the performance of the reservation, the dining services and/or the promotions (i.e. discounts), which are the sole responsibility and are to be provided and/or otherwise performed by the Merchant. We are therefore not responsible for the service, eligibility, or termination of the restaurant or the restaurant’s reservation with the Merchant.

17.2 As provided above in these Terms, we may terminate your use of the Services and/or your Account upon your following conduct, which may include but are not limited to the following:

a. changing the time and/or date of a reservation more than five times;

b. contacting the Merchant directly to attempt to modify the time, date or other parameters of a reservation;

c. arriving at the Merchant’s restaurant at a time or with a party size other than that specified in your reservation confirmation and requesting a discount;

d. failing to cancel a reservation which you do not plan to attend (“no-showing”);

e. committing fraud of any kind with regards to your obligation to pay the Merchant in full for services rendered.

17.3 We reserve the right to at any time without notice, change the terms applicable to referral credits, including the value, validity, expiration period, and/or your ability to redeem existing referral credits.

17.4 Permitted cancellations of reservations may be made at least 30 minutes prior to the commencement time of your reservation.

17.5 Discounts are applicable for dine-in only and cannot be used with delivery or take away unless stated otherwise.

17.6 Prices may vary from regular menu on special holidays. Please contact the restaurant directly to confirm the menu on special holidays.

17.7 A 30 minutes grace period is allowed however any later than 30 mins after the time of reservation will result in a cancellation of booking. A maximum of 3 times ‘no-show’ which thereafter will result in a temporary ban in account usage until we receive a response from you through email. Kindly email us for an uplift of account with valid reasons on the no-show. 

 

18. Claim of copyright infringement

We respect the intellectual property of others. If you believe in good faith that any Site/app Content, or other matter infringe upon the copyright in a work you own, please contact via our email at hello@mydreamcity.net, with correspondence containing the following:

a. a physical signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;

b. a clear identification of the copyrighted work allegedly infringed;

c. identifying information reasonably sufficient to allow determination by us of the location of the material that is allegedly infringing;

d. information reasonably sufficient to permit us to contact or respond to you;

e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. a statement that the information in the notification is accurate, and that you are either the owner or authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. 

 

19. Links to other websites/mobile sites/mobile apps

19.1 MY CITY app may contain advertisements and/or links to other sites ("Third Party Sites"). These links to Third Party Sites are provided solely for the convenience of our users. We do not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any third party sites or any products or services advertised on third party sites. If you decide to leave MY CITY app and navigate to Third Party Sites, or install any other applications, software or download content from any such Third Party Sites, you do so at your own risk. Concerns regarding a Third Party Site should be directed to the owners of the Third Party Site itself. We bear no responsibility for any action associated with any Third Party Site. Moreover, we do not imply an affiliation with any Third Party Site.

 

20. Limitation of liability

20.1 You further acknowledge and agree that we will not be held liable for any loss or damage incurred as a result of use of MY CITY mobile apps or the Services. You understand that we are not the seller of the Product/Services/Deals/Vouchers and/or dining services contained on the MY CITY Mobile Apps and/or otherwise made available through the Services. We are a service provider and transaction handler for third party Merchants. We are in no way nor shall be considered an agent of any Merchant, and we take no responsibility for the services or products for which any Merchant provides.

 

21. Purchases

21.1 “Transactions” includes deals, vouchers, payment of food bills or payment for any product/service/subscription or any activity involving payments through payment gateway.

21.2 MY CITY app is a payment service that allows users to conduct cashless transactions at partners’ outlets via MY CITY’s mobile application.
These terms and conditions (“Payment Terms”) must be read and understood by users and merchants before accessing and/or using the mobile app and its Service. The Payment Terms listed here govern the rights of both the user as well as the Company throughout the transaction process. It also represents a legally binding agreement between the Company (including all its subsidiaries, brands, related and/or associated companies/brands) and you as the user. From time to time, the Payment Terms may be revised. Notification of the update will be posted on all relevant platforms. Any usage of the mobile application and/or performance of any transactions after the said updates or revisions, will be deemed that you have read and agree with the updated Payment Terms.
If you are not in acceptance of the revised or amended Payment Terms, you shall immediately discontinue the usage of the mobile app and all other Services provided by the Company (including all its subsidiaries, brands, related and/or associated companies/brands)

21.3 MY CITY app acts as a facilitator to assist users in making cashless payment at selected Merchants. An independent relationship is established between us and the user. All action which is performed through the mobile app is directed by the user and is in no way, controlled by the Company (including all its subsidiaries, brands, related and/or associated companies/brands). All of the customer’s funds will be held separately from Company funds at all times. All transactions or therefore, lack of transactions, will be decided by the user.


21.4 The mobile app and Service only function by hosting, maintaining and facilitating transactions between users and Merchants via the Internet. We do not pose any authority and therefore will not be held responsible for any liability from using our service. We act as a facilitator and do not guarantee that users or Merchants which are being dealt with will complete the transaction.

21.5 The Service allows transactions to be made according to the price listed on the Website or on the Merchant’s price list. When a transaction takes place, payment is processed whereby (a) credit card / debit card / online banking information is held and (b) price of the transaction is charged to the selected payment method immediately. A current, valid and accepted payment method (as may be updated periodically, “Payment Method”) must be provided to us for use of the Service. When using our Service, it is assumed that the stipulated price on each item on the mobile app and/or on the Merchant’s price list is mutually agreed upon transacting.


21.6 Should payment methods fail, we retain the right to request and/or seek payment from you through other avenues. Payment method may be edited by referring to the “Payment” page (mobile application). In the situation whereby payment is unsuccessful due to any reason (expiration, insufficient funds or otherwise), you are responsible to edit your payment method. Failure to do will result in allowing us the authority to continue billing the pre-selected payment method. All responsibility to resolve any/all disputed with your financial institution, credit/debit card issuer or provider of your selected Payment Method, are to be borne by you.


21.7 The Company (including all its subsidiaries, brands, related and/or associated companies/brands), in the event of any loss or damages, will not be held liable regardless of the circumstance whether it be contract, tort, negligence, strict liability or other basis arising from the use and/or the access of our Service and/or mobile app. This includes any third party link to or from the Company’s Mobile app. The services listed and provided on the mobile app constitute a ‘willing seller and willing buyer’ basis. Thus, the Company is absolved of any form of liability which may occur as a result of any transaction. The exclusion clause is to be taken into full extent as permitted by law.


21.8 Taxes: Any/all purchases made through the mobile app will be inclusive of (if any) taxes which are constituted by the specific regional law. You will be in agreement to any form of prevailing tax, duties, fees, charges and/or cost, however denominated, which may be charged by extent of the regional law at any time.


21.9 Refunds: All transactions which are conducted are non-refundable in the case of wrong item, wrong outlet or unclaimed purchases of deals beyond expiry date. In cases whereby you have been wrongfully billed, a “case-to-case” basis approach will be taken in the presence of credible evidence of such. The Company holds full authority and discretion towards the outcome of such circumstances. All refunds will be processed within no more than 30 days after the transaction date. Cash refund requests are not applicable unless agreed by the merchant. The Company reserves the right to conduct thorough investigations over a period of time deemed necessary by customer service agents of the Company. Promo codes which have expired or fully used will not be refunded in any way and it is deemed to be void and invalid. No refunds shall be given if any issue arises. Merchant needs to revert back to us within 24 hours after the transaction is made otherwise the refund will be forfeited. Liability belongs to the merchant if there is anything wrong with size, portion, poisoning or any dissatisfaction complaint by customers. MY CITY reserves the right to refund in full to customers within 24 hours if there is no response from the merchant side. Commission charges still apply for the said item/product/total bill. MY CITY will only be responsible if there are problems with payment/transactions/app user interface issues. Products and services provided by merchants are determined by merchant's terms and conditions. MY City will not be held accountable if it involves the product and service. MY city will be the mediator if any legal case is taken by users. In case of any legal issues arising from My CITY's mobile application or payment, My CITY will only issue a maximum of RM 1 for each registered user.

21.9.1 Refund Policy (Users)

Only applies to these scenarios:

1. Wrong order/Missing Items. (Up to a maximum of 50% refund of individual item price)

2. Food/Item Sold out (Full refund)

3. Damaged/Spilled Items (Up to a maximum of 50% refund of individual item price)

21.10 Privacy “Information” is defined as the information which is willingly shared with us throughout the registration, payment, store or any other feature of the service. We act as a mediator for the distribution of your information online. The user possesses full responsibility over the content of the information which is shared with the service. The Company does not sell or rent personal information to third parties for marketing purposes without your consent. Personal information shared with us will only be used in accordance with the Privacy Policy unless governed by authority. Protection of your information is of the highest importance to us.

21.11 The Company (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to terminate and/or suspend your account at any time for whatsoever reason, and is not obligated to disclose the reason behind the termination and/or suspension. In the situation whereby the Payment Terms are violated by the user, the Company reserves the right for immediate termination and/or suspension of your account.

21.12 In order to ensure the authenticity and integrity of all transactions, the Company (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to hold funds or proceeds from transactions under a “pending” state beyond the normal distribution period. This is done in order to avoid any risk which may be related to suspicious transactions.

21.13 All trademarks, service marks, copyrights which are displayed throughout the mobile app and website are the sole and exclusive of the Company’s property. Unless prior written consent or permission is granted by the Company, any/all of the trademarks, service marks, copyright and logos which are displayed throughout the Website and mobile application, no licence or right is granted to any party accessing the platform to use, download, reproduce, copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent from the Company or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to the mobile app or any other site.

21.14 By using the mobile app and its Services, you hereby agree to indemnify and keep indemnified the Company and in addition, do not hold the Company responsible for any and all liabilities, financial losses, expenses which may incur from the misuse of the service, breach of terms and conditions or infringement of intellectual property made towards the company as a result of your use services provided.

 

MY CITY APP Ordering system

1. Food

1.1 For Users:

1.1.1 The Application allows you to place orders for food and beverage from food and beverage providers (“MY CITY Food Merchant”), such orders to be delivered to you by independent third-party food delivery services providers (“Delivery Service Providers”). MY CITY does not own, sell or resell any food and beverage items and does not control the MY CITY Food Merchants, the Delivery Service Providers or any services provided by them. You understand that any order that you place shall be subject to the product availability and delivery location serviceability of MY CITY Food Merchants and/or the Third Party Providers.

1.1.2 All food order/s and delivery/ies orders placed on the Application (“Food Order”) are treated as confirmed upon making payment. You shall not be entitled to cancel your Food Order once you have received a confirmation. If you cancel your Food Order after it has been confirmed, you remain liable to pay the delivery fee and the full payment of the food and beverage regardless of whether the order has been prepared by MY CITY Food Merchant.

1.1.3 Upon your successful completion of a Food Order, the MY CITY Food Merchants and/or the Delivery Service Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, MY CITY is not involved in and will not be responsible for any separate arrangement between you and the MY CITY Food Merchant and/or Delivery Service Provider regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

1.1.4 MY CITY, the MY CITY Food Merchant and/or Delivery Service Provider may not to process your Food Order in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.

1.1.5 The prices of food and beverage items reflected in the Application are determined solely by the MY CITY Food Merchant and are listed for information only.

1.1.6 Prices of food and beverage items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the MY CITY Food Merchant, be incorrectly reflected and in such an event the MY CITY Food Merchant may cancel your order(s).

1.1.7 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the Food Order. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the check out page for your Food Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. MY CITY will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. MY CITY may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account.

1.1.8 The MY CITY Food Merchant shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you.

1.1.9 You are responsible for ensuring that the delivery details entered by you on the Application are accurate and complete. MY CITY shall not be liable in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Application.

1.1.10 After the delivery of the food and beverage items, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.

1.1.11 If applicable, by placing an order for alcohol from any MY CITY Food Merchants, you warrant you are (i) at least twenty-one (21) years old; (ii) non-Muslim; and (iii) you understand the following: “MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”. Alcohol can only be sold and delivered to persons (“Recipient”)who are (i) at least twenty-one (21) years old; and (ii) non-Muslim as stipulated under the applicable laws and regulations. You warrant the Recipient shall be twenty-one (21) years old; and (ii)  non-Muslim upon delivery by the MY CITY Food Delivery Service Providers.

1.1.12 The MY CITY Food Delivery Service Providers shall have the right to (i) request your ID for age verification, (ii) refuse to deliver any alcoholic product to any person who at the time of delivery or collection of takeaway does not appear to be at least twenty-one (21) years old and non-Muslim or cannot prove that he/she is at least twenty-one (21) years old and non-Muslim or (iii) Any person who is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that MY CITY, the MY CITY Food Merchant, MY CITY Food Delivery Service Providers shall not be liable to make any refund for payment already made to you. 

1.1.13 In the event you are under twenty-one (21) years old and non-Muslim, you hereby agree the legal consequences will be at your own risk and responsibility, and agrees to indemnify, defend and hold harmless MY CITY, the MY CITY Food Merchant, MY CITY Food Delivery Service Providers, or any of MY CITY’s third party service providers, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners (“Indemnified Party”),  from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to any action in attempting to deceive, manipulate, conceal MY CITY, the MY CITY Food Merchant, MY CITY Food Delivery Service Providers, in relation to inaccuracy or breach of its representations, and/or its beach of any law or any rights of a third party, including but not limited to the aforementioned minimum age limit.

1.2 For MY CITY Food Merchants:

1.2.1 General Terms and Representation: 

(a) MY CITY Food Merchant is a licensed seller of alcoholic beverages that wants to sell alcohol Items through MY CITY Food App and or Service. Orders for alcohol Items solicited via the MY CITY Food App will be transmitted to MY CITY Food Merchant. MY CITY Food Merchant is responsible for the sale. MY CITY Food Merchant is responsible for, and controls, the fulfilment of such orders.MY CITY Food Merchant agrees that MY CITY does not have any responsibility with respect to the legality of transactions occurring between MY CITY Food Merchant and the Users.

(b) MY CITY Food Merchant agrees it will package all items appropriately for delivery by MY CITY Food Delivery Service Providers, including any protection necessary to prevent tampering or damage due to any cause, including inclement weather or the nature of the alcohol items themselves; to ensure labelling as required by law, including but not limited to a statement that the package contains alcohol (if required by law) and may only be delivered to a person 21 years or older with valid proof of age and identity. 

(c) MY CITY Food Merchant agrees that MY CITY may modify the hours during which alcohol items are available for purchase and delivery from MY CITY Food Merchant on the MY CITY App, in accordance with applicable law and regulation as well as operational considerations of the MY CITY App. MY CITY will use reasonable efforts to notify MY CITY Food Merchant of any such modifications.

1.2.2 The MY CITY Merchant hereby warrants: 

(i) it is not Muslim or otherwise prohibited from selling alcohol under any law, regulation or religion; 

(ii) it shall hold all necessary licences and/or permits to sell alcohol through the Service, and shall provide a copy of such licences and/or permits and supporting documents to MY CITY, as and when requested; 

(iii) all information and documents provided to MY CITY are true and accurate.

1.2.3 Creation and Monitoring of Self-funded Campaign or Promotion

You may be able to create or participate in a campaign / promotion via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign / promotion. In the course of such creation, you may be required to indicate information such as the type of campaign / promotion and the proposed duration for the campaign / promotion. The type of campaign / promotion which you may choose from may be varied from time to time at MY CITY’s sole discretion. By creating or participating in any campaigns / promotions using our tool(s) on the Application, you accept the following additional general conditions:

(a)Where you are submitting any information or making any offer to create a campaign or participate in any promotion via our Application or otherwise to us on behalf of your employer, you warrant that you are duly authorized to bind your employer to submit such information or make such offer.

(b)Any information you input into our Application where required or otherwise provided to us must be complete, truthful, accurate and not misleading.

(c)Your intention to conduct or participate in campaign(s) or promotion(s) via our Application must be genuine and must not be conducted in a manner which may be misleading to the end consumers or users. You shall indemnify us in the event where we incur any losses or damages pursuant to the campaign(s) or promotion(s) you created or participate in, whether via our Application or otherwise.

(d)Depending on the type of promotion / campaign elected by you, the way in which we may facilitate the promotion / campaign may differ. You agree that it is your responsibility to review any and all information made available by us on the Application for information on how each type of promotion / campaign be facilitated on our systems. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or participating in any promotion / campaign using our Application. By creating a promotion / campaign using our Application, you irrevocably agree to the way in which we will facilitate the promotion (s) / campaign (s).

(e)You shall be responsible to directly handle any complaints or enquiries from end users/consumers in respect of the promotion / campaign.

(f) In the event where you would like to end a promotion / campaign earlier than the duration which you have specified in the Application or if any of the item under the promotion / campaign has become out of stock prior to the expiry of the said duration, you must immediately indicate the same via our Application in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the promotion / campaign and remain responsible to handle any enquiries or complaints from end users/consumers on the same.

(g)Notwithstanding any provision otherwise and in any event, the successful creation of or participation in the campaign / promotion using the Application does not indicate our approval that the campaign / promotion is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the promotion /campaign is, and will be conducted, in accordance with the applicable law.

(h)While we do not supervise or monitor the promotion / campaign created by you or the campaign / promotion you participate in, we reserve the rights to (but are not obliged to) cancel the campaign.

(i) We may make available to you information relating to the promotion / campaign, such information shall be considered as part of the content of the Application

(j) You must pay any and all costs and expenses in connection with the promotion / campaign in the manner as we may specify including without limitation deduction from the amount payable by MY CITY to you prior to remittance of the same.

(k)You must notify us immediately if your Account has been used without your authorization to create or participate in a promotion / campaign or otherwise use any of the features on the Application or where any other breach of security has occurred. In such event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred under the campaign created using your Account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your Account.

(l) You agree that any discounted price payable to you by end users/consumers pursuant to the campaign you created may be rounded in accordance with our internal policies as we may update from time to time.

(m) We will charge you for orders that are refunded for certain reasons. All refunds to end consumers that fall under the following categories will be charged in full amount:

 

- Food Cooked Incorrectly or with Poor Quality

 

- Food Undercooked

 

- Food Burnt

 

- Food Spoilt

 

- Foul Smell

 

- Foreign Object in Food

 

- Food Poisoning

 

- Food Poisoning

 

- Food Allergy

 

- Incorrect Orders

 

- Incorrect Items

 

- Missing Items

 

- Did Not Follow Instructions

 

- Religious Restrictions Violated

 

- Allergic Reaction Upon Consuming Food

 

 

*Note that the above list is not fixed and is subject to revision by MY CITY.

(n) Merchants will be able to access the refund form and make an appeal within 24 hours from the date and time of the said order. MY CITY reserves the right to make the final decision upon hearing from both parties. Any issue arises are the responsibilities of the merchant unless there are alternative evidences.
 

1.2.4 Submission of Content or Information

We do not claim ownership of any content or information that you upload on our Application or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such license. Via the Application, we may provide you with an option to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu). You acknowledge that any such content or information may be made available in real time to end customers via an application operated by us or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the end customers in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted by you to us (via the Application or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights.

1.2.5 Personal Data

Without prejudice to the foregoing, information which you have submitted to us for your registration as a merchant on our systems, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application. Your use of the account and the Application may be monitored by us or a third party service provider to provide you with information on your business and Account.

1.2.6 Hyperlinks

You must obtain our prior written approval if you wish to link to or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation or integrity. We reserve the right to withdraw linking permission without notice. The Application must also not be framed on any other site.

1.2.7 Content of the Application

Without prejudice to any other provisions in these Terms of Use, we may vary, modify or remove any content on the Application without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the rare event where any information on our Application contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) canceling orders if any information provided to you (whether via this Application or other related website) at the time of your order is inaccurate or if we otherwise are of the view that it is appropriate to cancel your order (“Rectification Measure”), at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Application; or carry out any other Rectification Measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Application or on any related website, should be taken to indicate that all information on the Application or on any related website has been modified or updated; and we shall, in no event, be liable to you or any third party for any losses, damages or consequences arising from (i) any variation, modification or removal of the content on the Application; and (ii) any Rectification Measure taken.

1.2.8 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS OF USE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO (i) FIVE HUNDRED (RM500.00) (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY).

1.2.9 Termination

Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a merchant on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued to the other party or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement. Termination of service must be informed with a minimum of 30 days time frame. Otherwise, a penalty charge of 2 months of the previous net revenue or RM 10,000 (whichever higher)

 

2. Product/Services/Deals/Vouchers

2.1 For Users:

2.1.1 The Application allows you to place orders for Product/Services/Deals/Vouchers made available for sale on the Application (“Product/Services/Deals/Vouchers”) from Merchants (“MY CITY Merchant”), such orders to be delivered to you by Third Party Providers. MY CITY does not own, sell or resell any Product/Services/Deals/Vouchers and does not control the MY CITY Merchant, the Third Party Providers or any Product/Services/Deals/Vouchers provided by them. You understand that any order that you place shall be subject to the Product/Services/Deals/Vouchers availability and delivery location serviceability of the MY CITY Merchants and/or the Third Party Providers.

2.1.2 All Product/Services/Deals/Vouchers order and delivery bookings placed on the Application are treated as confirmed. You shall not be entitled to cancel your booking once you have received a confirmation. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery fee and total bill amount in full regardless of whether the order has been prepared by the MY CITY Merchant.

2.1.3 Upon your successful completion of a booking, the MY CITY Merchants and/or the Third Party Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, MY CITY is not involved in and will not be responsible for any separate arrangement between you and the MY CITY Merchant and/or Third Party Provider regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Application.

2.1.4 MY CITY, the MY CITY Merchant and/or Third Party Provider may not to process your booking in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.

2.1.5 The prices of Product/Services/Deals/Vouchers reflected in the Application are determined solely by the MY CITY Merchant and are listed for information only.

2.1.6 Prices of Product/Services/Deals/Vouchers as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the MY CITY Merchant, be incorrectly reflected and in such an event the MY CITY Merchant may cancel your order(s).

2.1.7 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the booking. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the check out page for your booking. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account.

2.1.8 The MY CITY Merchant shall be solely responsible for any warranty in relation to, and quality of, the Product/Services/Deals/Vouchers sold to you.

2.1.9 You are responsible for ensuring that the delivery details entered by you on the Application are accurate and complete. MY CITY shall not be liable in the event of late delivery or non-delivery of Product/Services/Deals/Vouchers that you order by reason of erroneous delivery details entered by you on the Application.

2.1.10 After the delivery of the Product/Services/Deals/Vouchers, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the Product/Services/Deals/Vouchers (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf. 

2.1.11 If applicable, by placing an order for alcohol from any MY CITY Merchants, you warrant you are at (i) at least twenty-one (21) years old; (ii) non-Muslim; and (iii) you understand the following: “MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”. Alcohol can only be sold and delivered to persons (“Recipient”) who are (i) at least twenty-one (21) years old; and (ii)  non-Muslim as stipulated under the applicable laws and regulations. You warrant the Recipient shall be twenty-one (21) years old; and (ii)  non-Muslim upon delivery by the MY CITY Delivery Service Providers. 

2.1.12 The MY CITY Delivery Service Providers shall have the right to (i) request your / Recipient’s ID for age verification, (ii) refuse to deliver any alcoholic product to any person who at the time of delivery or collection of takeaway does not appear to be at least twenty-one (21) years old and non-Muslim or cannot prove that he/she is at least twenty-one (21) years old and non-Muslim or (iii) Any person who is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that MY CITY, the MY CITY Merchant, MY CITY Delivery Service Providers shall not be liable to make any refund for payment already made to you.

2.1.13 In the event you are under twenty-one (21) years old and non-Muslim, you hereby agree the legal consequences will be at your own risk and responsibility, and agrees to indemnify, defend and hold harmless MY CITY, the MY CITY Merchant, MY CITY Delivery Service Providers, or any of MY CITY’s third party service providers, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners (“Indemnified Party”),  from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to any action in attempting to deceive, manipulate, conceal from MY CITY, the MY CITY Merchant, MY CITY Delivery Service Providers, in relation to inaccuracy or breach of its representations, and/or its beach of any law or any rights of a third party, including but not limited to the aforementioned minimum age limit.

2.2 For MY CITY Merchants: 

2.2.1 General Terms and Representation:

(a) MY CITY Merchant is a licensed seller of alcoholic beverages that wants to sell alcohol Items through MY CITY App and or Service. Orders for alcohol items solicited via the MY CITY App will be transmitted to MY CITY Merchant. MY CITY Merchant is responsible for the sale, and controls the transaction, including any decisions concerning acceptance or rejection of any such orders. MY CITY Merchant is responsible for, and controls, the fulfilment of such orders. MY CITY Merchant agrees that MY CITY does not have any responsibility with respect to the legality of transactions occurring between MY CITY Merchant and the Users.

(b) MY CITY Merchant agrees it will package all items appropriately for delivery by MY CITY Delivery Service Providers, including any protection necessary to prevent tampering or damage due to any cause, including inclement weather or the nature of the alcohol Items themselves; any labelling required by law, including but not limited to a statement that the package contains alcohol (if required by law) and may only be delivered to a person 21 years or older with valid proof of age and identity.

 

(c) MY CITY Merchant agrees that MY CITY may modify the hours during which alcohol Items are available for purchase and delivery from MY CITY Merchant on the MY CITY App, in accordance with applicable law and regulation as well as operational considerations of the MY CITY App.  MY CITY will use reasonable efforts to notify MY CITY Merchant of any such modifications. 

2.2.2 The MY CITY Merchant hereby warrants:

(i) it is not Muslim or otherwise prohibited from selling alcohol under any law, regulation or religion; 

(ii) it holds all necessary licences and/or permits to sell alcohol through the Service, and shall provide a copy of such licences and/or permits and supporting documents to MY CITY, as and when requested; 

(iii) all information and documents provided to MY CITY are true and accurate.

2.2.3 For MY CITY Merchants Creation and Monitoring of Self-funded Campaign or Promotion

This section applies to the MY CITY Merchants (if applicable), and the terms in this Agreement are in addition to any other written agreement(s) entered into between you and MY CITY. You may be able to create a campaign or participate in promotion(s) suggested by us via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign or promotion. In the course of such creation, you may be required to indicate information such as the type of promotion/campaign and the proposed duration for the promotion/campaign. The type of promotion/campaign which you may choose from in the Form may be varied from time to time at MY CITY’s sole discretion.

2.2.4 Creation and Monitoring of Self-funded Campaign or Promotion

You may be able to create a campaign or participate in promotion(s) suggested by us via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign or promotion. In the course of such creation, you may be required to indicate information such as the type of promotion/campaign and the proposed duration for the promotion/campaign. The type of promotion/campaign which you may choose from in the Form may be varied from time to time at MY CITY’s sole discretion.

By creating the campaign or participating in any promotions using our tool(s) on the Application, you accept the following additional general conditions:

(a) Where your employee(s) are submitting any information; making any offer to create a campaign, opting in or participating in any promotion suggested by us; or otherwise agreeing to provide funding for a campaign or promotion (via our Application or otherwise) to us, you warrant that your employee(s) have the authority to accept all the applicable terms on behalf of you as their employer. For the avoidance of doubt, any reference to ‘you’ in this Agreement shall also refer to your employee(s). 

(b) Any information you input into our Application where required or otherwise provided to us must be complete, truthful, accurate and not misleading. 

(c) Your intention to conduct campaign(s) or participate in our promotion(s)via our Application must be genuine and must not be conducted in a manner which may be misleading to the end consumers or users. You shall indemnify us in the event where we incur any losses or damages pursuant to the campaign or promotion you created via our Application. 

(d) Depending on the type of promotion/campaign elected by you, the way in which we may facilitate the promotion/campaign may differ. You agree that it is your responsibility to review any and all information made available by us on the Application for information on how each type of promotion/campaign be facilitated on our systems. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating any campaign or participating in any promotion using our Application. By creating a campaign or participating in a campaign using our Application, you irrevocably agree to the way in which we will facilitate the campaign(s) or promotion(s). 

(e) You shall be responsible to directly handle any complaints or enquiries from end users/consumers in respect of the promotion/campaign.

(f) In the event where you would like to end a promotion/campaign earlier than the duration which you have specified in the Application or if any of the item under the promotion/campaign has become out of stock prior to the expiry of the said duration, you must immediately indicate the same via our Application in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the promotion/campaign and remain responsible to handle any enquiries or complaints from end users/consumers on the same. 

(g) Notwithstanding any provision otherwise and in any event, the successful creation of the campaign or participation in our promotion using the Application does not indicate our approval that the promotion/campaign is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the promotion/campaign is, and will be conducted, in accordance with the applicable law. 

(h) While we do not supervise or monitor the campaign created by you or the promotion your participate in, we reserve the rights to (but are not obliged to) cancel the campaign or promotion. 

(i) We may make available to you information relating to the campaign or promotion, such information is considered as part of the content of the Application.

(j) You agree to pay any and all costs and expenses in connection with any payment obligation to us (including for promo and/or campaign) in the manner as we may specify (including but not limited to deduct from your daily transaction in MY CITY Application, to pay for your outstanding obligation). 

(k) You must notify us immediately if your Account has been used without your authorization to create a campaign or otherwise use any of the features on the Application or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred under the campaign created using your Account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your Account. 

(l) You agree that any discounted price payable to you by end users/consumers pursuant to the campaign you created may be rounded in accordance with our internal policies as we may update from time to time.

2.3.1 You shall not accept any delivery item having size, dimensions or weight in excess of the below: 

• 32cm x 25cm x 12cm 

• 13 kg 

2.3 For MY CITY Third Party Providers:

2.3.2 You agree that in the event of failed delivery (wherein either the address provided by customer is incorrect or the customer is unable and/or refuse and/or uncontactable to accept the Product/Services/Deals/Vouchers) and returned Product/Services/Deals/Vouchers, you are responsible to deliver/return the Product/Services/Deals/Vouchers back to the Merchant/Store to which the Product/Services/Deals/Vouchers was handed over to you or to leave the Product/Services/Deals/Vouchers at the premises of the User, subject to confirmation and direction from representative of Customer Experience. 

2.3.3 You undertake to be cautious in dealing with the Product/Services/Deals/Vouchers and to use best endeavor to ensure that the Product/Services/Deals/Vouchers are delivered safely, in the exact manner to which it was handed over to you by the Merchant. 

2.3.4 You agree that you will cooperate in relation to any criminal investigation that is required and to assist MY CITY in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place. 2.32.5 You agree to assume full responsibility and liability for all loss or damage suffered by yourself, any User, MY CITY or any third party as a result of any breach of these Terms of Use.

Additional Terms and Conditions for MY CITY JOB PLATFORM

Applies to EMPLOYEE/FUTURE EMPLOYEE

A.    Terms of Use

This page states the Terms and Conditions (the "Terms of Use") under which you may use MY CITY app as an on-line service to post and search employment opportunities and user resumes (the "App/Web Site"). By using this app/web Site, you are indicating your acceptance to be bound by the terms of these Terms of Use. You are agreeing to use the app/web Site at your own risk.

Please read this page carefully. If you do not accept the Terms and Conditions stated herein, do not use this app/web site and service. By using this app/web Site, You are indicating your acceptance to be bound by the provisions of these Terms of Use.

MY CITY (the "Company/MY CITY app") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this app/web Site for any reason. Users who violate these Terms may have their access and use of the MY CITY app job platform suspended or terminated, at MY CITY app’s discretion.

B.    Eligibility

By visiting the app/web Site or accepting these Terms of Use, you represent and warrant to the Company that you have the right, authority and capacity to use the app/web Site and you are not below the age of majority as that is defined in Your jurisdiction and agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use the app/web Site in a manner consistent with any and all applicable laws and regulations.

C.    Use of MY CITY app Content

The Company authorises you to view and download a single copy of the material or content available on MY CITY app and to access and use the app/web Site and the MY CITY app Content (as defined below) and to download and print a single copy of the content available on or from the app/web Site solely for your personal , non-commercial use.

The contents of the app/web Site, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other app/website content (collectively, "MY CITY app Content") , are protected by copyright under Malaysian laws. All MY CITY app Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the app/web Site are the exclusive property of the Company and are protected by Malaysian laws. Unauthorised use of the MY CITY app Content may violate copyright, trademark, and other laws. You may not sell or modify the MY CITY app Content or reproduce, display, publicly perform, distribute, or otherwise use the MY CITY app Content in any way for any public or commercial purpose in connection with products or services that are not those of MY CITY app, in any other manner that is likely to cause confusion among consumers or that otherwise infringes MY CITY app's intellectual property rights.

D.    App/web Site Restrictions

Users shall not use any app/web Site in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation app/website Content,

 

(a) in violation of any applicable law or regulation,

 

(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others,

 

(c) that belongs to another person and to which the user does not have any right to,

 

(d) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever,

 

(e) harm minors in any way,

 

(f) deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature,

 

(g) impersonate another person or entity,

 

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Company's computer systems or site or MY CITY app's users, customer's computer systems or site,

 

(i) threatens the unity, integrity, defence, security or sovereignty of Malaysia, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.

 

The job posting and resume database features of the app/web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Users may not use the app/web Site in order to transmit, distribute, store or destroy material

 

(a) in violation of any applicable law or regulation,

 

(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or

 

(c) that is defamatory, obscene, threatening, abusive or hateful.

Users are prohibited from violating or attempting to violate the security of any MY CITY app/web Site, including, without limitation,

 

(a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access,

 

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation,

 

(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the app/web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing",

 

(d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

E.    Registration Information

When You register with the app/web Site, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the Terms of Use and any privacy policy applicable to any app/website, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

The Company reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, MY CITY app does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the app/web Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.

F.     Use of the MY CITY app Services

The job posting, resume database ("MY CITY app Resume Database") and other features of the app/web Site may be used only by individuals seeking employment and/or career information and by employers seeking employees. The term "post" as used herein shall mean information that You submit, publish or display on the app/web Site.

G.    Specific Prohibited Uses

The job posting and resume database features of the app/web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.

The Company specifically prohibits any other use of the app/web Site, and all users agree not to use the app/web Site, for any of the following:

Transmit, post, distribute, store or destroy material, including without limitation MY CITY app Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of MY CITY app's privacy policy;

 

Post any resume or apply for any job on behalf of another party;

 

Defer any contact from an employer to any agent, agency, or other third party;

 

Set more than one copy of the same resume to public at any one time;

 

Solicit passwords or personally identifiable information from other Users;

 

Post jobs or content on the app/web Site that contain any hyperlinks, email addresses, HTML Tags, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited;

 

Post jobs for modelling or talent or talent scouting positions on the app/web Site;

 

Post any jobs and/or advertisement and/or hiring methods on the app/web Site which are discriminatory in nature and / or devoid of fair employment practice as per the applicable laws, regulations of Malaysia and /or any other rules, regulations and policy framed in this connection by concerned ministry of the Government of Malaysia. Use the app/web Site Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services;

 

Post or submit to the app/web Site any incomplete, false or inaccurate biographical information or information which is not your own;

 

Post on the app/web Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents;

 

Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the app/web Site;

 

Delete or revise any material posted by any other person or entity;

 

Take any action that imposes an unreasonable or disproportionately large load on any app/web Site's infrastructure;

 

Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the app/web Site;

 

Aggregate, copy or duplicate in any manner any of the MY CITY app’s Content or information available from the app/web Site;

 

or Frame or link to any of MY CITY app’s Content or information available from the app/web Site;

 

Use the MY CITY app’s Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by MY CITY app's discretion.

 

The Company also specifically prohibits any use / insertion of any of the User's URL, weblink, e mail address and website while posting any job on the app/web Site and all Users agree not to use / insert any of the User's URL, weblink, e mail address and website while posting any job on the app/website. On non-conformance by users of any of the aforesaid terms, MY CITY app may in its sole discretion, restrict or terminate the offending User's ability to access the app/web Site and determine whether to take any other actions whether to remove or request the removal of the User Content. MY CITY app has no liability or responsibility to Users for performance or non-performance of such activities. Additionally, MY CITY app reserves the right to initiate appropriate proceedings against the offending user as per law.

H.    Registration Information

When you register with any of the app/web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this app/web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, the Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the app/web Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.

I.       User Content and Submissions

As a user, you are solely responsible for your MY CITY app’s My Account information, content, messages or other information ("User Content") that you submit, publish or display on the app/web Site or transmit to other users. By posting User Content to the app/web Site, including message boards, forums, contests and chat rooms, You automatically grant, and You represent and warrant that You have the right to grant, to MY CITY app an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/ or incorporate into other works, in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content, and to grant and authorize sublicenses thereof. By posting User Content to any public or non-public area of the app/web Site, including message boards, forums, contests and chat rooms, You grant the Company and its parent company and affiliates the loyalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed the app/web Site retains any and all rights that may exist in such User Content.

You agree that any email send by an employer to a jobseeker for any prospective job opportunity through the app/web Site may be stored at the MY CITY app account of the said jobseeker for at least a period of 7 days, to enable the said jobseeker to access the email, as send by the employer, to take a conscious decision about the job offer in the said email.

The Company acts as a passive conduit for the online distribution and publication of the User Content and has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. However, the Company will review and delete or remove any prohibited User Content or the User Content which violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety users of the app/web Site in accordance with the procedure prescribed in the Malaysian Communication and Multimedia Content Code ("Content Code") once the Company is notified by the Complaint Bureau that its user or subscriber is providing such prohibited content in its mobile applications/website or in aforesaid violations and Company is able to identify such user or subscriber.

The Company reserves the right to expel users and prevent their further access to the app/web Site for violating these Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use or is abusive, illegal, or disruptive. The Company reserves the right to archive the user content folders which were not being accessed for a period of 6 months or more by the relevant users after its last access. In such event users will be able to access the archive folders with minor limitations including but not limited to non-availability of the options of move to another folder, renew jobs associated with the said folders. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

The following is a list of User Content that is prohibited on the app/web Site. The list is for illustration only and is not a complete list of all prohibited User Content:

is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

harasses, incites harassment or advocates harassment of another any group or individual;

 

involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

 

promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

 

promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;

 

contains restricted or password only access pages, or hidden pages or images;

 

displays or links to pornographic, indecent or sexually explicit material of any kind;

 

provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;

 

or provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, or provides or creates computer viruses or pirating any media;

 

and solicits passwords or personal identifying information from other Users;

 

You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;

 

post material that reveals trade secrets, unless you own them or have the permission of the owner;

 

post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;

 

display or link to pornographic, indecent or sexually-explicit images or statements of any kind;

 

post advertisements or solicitations of business; post chain letters, unsolicited mass mailing or pyramid schemes;

 

impersonate another person;

 

providing or make available pirated music or other media or links to pirated music or other media files; post material that contains restricted or password only access pages, or hidden pages or images;

 

provide or link to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone;

 

or provide instructional information about illegal activities or other activities prohibited by these Terms of Use, including without limitation, making or buying illegal weapons, violating someone's privacy, or provide or create computer viruses or pirating any media, or solicit passwords or personal identifying information from other users.

MY CITY app reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the app/web Site and/or terminating the offending User's ability to access the app/web Site and/or use MY CITY app Services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on content / material posted by other users will be at your own risk. The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or of such activities.

J.     Registration and Password

You are solely responsible for maintaining the confidentiality of your account access information and password. You shall be responsible for all uses of your registration, whether or not authorised by you. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the MY CITY app account and MY CITY app Services. You agree to immediately notify the Company of any unauthorised use of your MY CITY app Account and password.

K.    Additional terms applicable to Job Seekers

When You register with the app/web Site, You will be asked to create an account and provide MY CITY app with certain information including, without limitation, a valid email address (Your "Information"). Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the app/web Site. MY CITY app reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by MY CITY app or by third parties. Please see MY CITY app's Privacy Policy, for further details regarding Your Information. You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your MY CITY app account or Your MY CITY app account is terminated, all Your account information from MY CITY app, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from MY CITY app's databases and will be removed from any public area of the app/web Site. Information may continue to be available for some period of time because of delays in propagating such deletion through MY CITY app's web servers. In addition, third parties may retain saved copies of Your Information.

L.     Express Consent and Acknowledgement

You acknowledge, consent and agree that when submitting your resume for storage in our resume database, your resume is automatically searchable by employers, recruiters, hiring managers, head-hunters, and human resource professionals (the "Employers") who pay for access to our resume database. The Company is not responsible for the use made of resumes by Employers who accessed your resume whilst it resides in our database. You acknowledge that when your resume is displayed in our database, personal information present within your resume (such as your email address), can be collected and used by parties other than the Employers. This may result in unsolicited messages from third parties for which the Company is not responsible. The Company will attempt to limit access to our resume database to the Employers but cannot guarantee that other parties will not gain access to this database. You may remove your resume from the app/web Site at any time, but the Employers who have gained access to our database may have retained a copy of your resume in their own files or databases. The Company is not responsible for the retention, use or privacy of resumes or profiles in these instances. You acknowledge, consent and agree that job search agents will be automatically created when you register on the app/web Site. Job search agents will automatically email you job opportunities based on pre-selected search criteria. Your job search agent will search daily for new open positions that match your criteria. You can choose to have those search results emailed to you on a daily, weekly or monthly basis. In addition, you may change the search criteria of your job agent at any time. In relation to the aforementioned, you agree that the Company may use your personal information to contact you and deliver information relating to the job search agent's search results to you, or provide administrative notices or communications applicable to your use of the app/web Site. You acknowledge, consent and agree that the Company can disclose your resume and contact details ("Personal Information") to prospective Employers who purchased the Company's job posting packs in order to seek qualified candidates. The Company uses data about you (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities made available through such job postings. In the event that you are an Employer posting job opportunities on the app/web Site, you acknowledge and agree that you will use the candidates' Personal Information disclosed to you by the Company pursuant to your purchase of the Company's job posting packs for recruitment purposes only.

M.   Policy Regarding Termination of Users and Account Holders Who Repeatedly Infringe the Copyright or Other Intellectual Property Rights of Others

MY CITY app respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to your use of the app/web Site, You agree not to use the app/web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of the app/web Site account holders, and block access to the app/web Site of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.

N.    MY CITY app's Liability

The app/web Site acts, among other things, as a venue for

 

i) Employers to post job opportunities and

 

(ii) candidates to post resumes and Profiles and search for and evaluate job opportunities.

 

MY CITY app does not screen or censor the listings including Profiles offered.

 

MY CITY app is not involved in the actual transaction between employers and candidates.

 

As a result MY CITY app is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Employers to offer job opportunities to candidates or the ability of candidates to fill job openings and MY CITY app makes no representations about any jobs, resumes or User Content on the app/web Site.

 

While MY CITY app reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the app/web Site from time to time, MY CITY does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action. 

 

MY CITY app has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the app/web Site and makes no representations about any Profile or User Content on the app/web Site.

 

In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false identities. You assume all risks associated with dealing with other users with whom you come in contact through the app/web Site.

 

By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be deceptive. We expect that you will use caution and common sense when using the app/web Site.

 

Because user authentication on the internet is difficult, MY CITY app cannot and does not confirm that each user is who they claim to be.

 

Because MY CITY app does not and cannot be involved in user-to-user dealings or control of the participants on the app/web Site. In the event that you have a dispute with one or more users, You release the Company, its affiliates and their respective officers, directors, employees and representatives from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law. 

 

The app/web Site may contain inaccuracies or typographical errors. MY CITY app makes no representations about the accuracy, reliability, completeness, or timeliness of the app/web Site and the MY CITY app Content.

 

The use of the app/web Site and the MY CITY app Content is at Your own risk.

 

Changes are periodically made to the app/web Site and may be made at any time.

 

MY CITY app cannot guarantee and does not promise any specific results from use of the app/web Site.

 

No advice or information, whether oral or written, obtained by a User from MY CITY app or through or from the app/web Site shall create any warranty not expressly stated herein.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the app/web Site.

 

Employers are solely responsible for their postings on the app/website.

 

The Company is not to be considered to be an employer with respect to your use of the app/web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the app/web Site.

 

MY CITY app encourages You to keep a back-up copy of any of Your User Content.

 

To the extent permitted by law, in no event shall MY CITY app be liable for the deletion, loss, or unauthorized modification of any User Content.

MY CITY app is not to be considered to be an employer with respect to your use of the app/web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the app/web Site.

The Company cannot guarantee and does not promise any specific results from use of the app/web Site. No advice or information, whether oral or written, obtained by a user from the Company or from the app/web Site shall create any warranty not expressly stated herein.

The Company does not warrant that the app/web site will operate error-free or that the app/web Site and its server are free of computer viruses or other harmful mechanisms. If your use of the app/web Site or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.

The app/web Site and material are provided on an "as is" basis without any warranties of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement.

 

The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.

MY CITY app does not provide or make any representation as to the quality or nature of any of the third-party products or services purchased through the app/web Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third-party products or services, under the terms agreed to by the provider.

O.    Disclaimer of Warranty

THE COMPANY DOES NOT WARRANT THAT THE APP/WEB SITE WILL OPERATE ERROR-FREE OR THAT ANY APP/WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE APP/WEB SITE OR THE APP/WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE APP/WEB SITE AND MY CITY APP CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE BY LAW, MY CITY APP DOES NOT WARRANT THAT THE APP/WEB SITE OR ANY MY CITY APP SERVICES WILL OPERATE ERROR-FREE OR THAT THE APP/WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE APP/WEB SITE OR THE MY CITY APP CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, MY CITY APP IS NOT RESPONSIBLE FOR THOSE COSTS. THE APP/WEB SITE AND MY CITY APP CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MY CITY APP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. MY CITY APP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE APP/WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

  1. Disclaimer of Consequential Damages. TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL MY CITY APP, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE APP/WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE APP/WEB SITE AND THE MY CITY APP CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MY CITY APP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

P.    Limitation of Liability

TO THE FULLEST EXTENT POSSIBLE BY LAW, MY CITY APP'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE APP/WEB SITE OR YOUR USE OF THE APP/WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED MYR 10.00.

Q.    Links to Other Sites

The app/web Site contains links to third party app/web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party app/web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party app/web sites. If you decide to access linked third-party app/web sites, you do so at your own risk.

R.    No Resale or Unauthorized Commercial Use

You agree not to resell any Material or information obtained from the app/web Site, assign your rights or obligations under these Terms of Use, or make any unauthorised commercial use of the app/web Site.

S.    Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates and their respective officers, directors, employees, representatives and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from any of the User Content or other material you provide to the app/web Site or your use of the Material or your breach of the these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding.

T.     General

Access to the Materials may not be legal by certain persons or in certain countries. Your access to the app/web Site is at your own risk and You are responsible for compliance with jurisdictions as may be applicable to You. These Terms of Use are governed by laws of Malaysia.

  1. Term and Termination These Terms of Use will remain in full force and effect while you are a user of the app/web Site at any level. The Company reserves the right, at its sole discretion, to pursue all its legal remedies, including but not limited to deletion of your User Content from the app/web Site and immediate termination of your registration with or ability to access the app/web Site any/or any other services provided to you by the Company, upon breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit to the app/web Site. Even after you are no longer a user of the app/web Site, certain provisions of these Terms of Use will remain in effect.

 

APPLES TO EMPLOYER

A.    Terms of Use

As used below, the terms “You” and the “Employer” mean any potential employer placing any job posting on the MY CITY app platform Service.

If you have subscribed to the MY CITY app platform Service, you will also be bound by the Term of Use and Subscription Agreement – Business Terms agreement you signed (“Business Terms”).

Any capitalized terms used but not defined herein have the meanings ascribed to them in the Terms and Conditions.

B.    Payment

All amounts owed are due within 7 days of receipt of the MY CITY invoice. Any amount not paid in full within the period indicated on the MY CITY invoice will be considered overdue and may incur overdue interest of 3% per month. All payments are considered final and are non-refundable.

C.    Use of Content

MY CITY app, or its licensors, own exclusively all content on the MY CITY app platform Service including, but not limited to, graphics, logos, text, data, downloadable software, Your Content as defined below, page layout and look and feel of the app/web pages (the “Content”). Except for the license granted herein, your use of the MY CITY app platform Service gives you no rights in the MY CITY app’s or its licensors’ copyrights, trademarks, trade secrets or any other intellectual property rights.

MY CITY app grants to you a personal, non-transferable and non-exclusive right to access and use the Content for your use solely in connection with seeking qualified candidates for jobs with your organization. All use must be in accordance with these Terms and Conditions and the Business Terms, if applicable. No portion of the Content may be modified, copied, sold, leased, distributed, transmitted or used for any commercial purpose or on behalf of any other person or entity except as set forth in these Terms and Conditions and the Business Terms.

You may not incorporate the Content into another database, search engine or networked computer environment of any kind. You may not access the Content by means of any automated processes, spiders, bots or similar devices. You may not modify, copy, transmit, create derivative works from, reverse engineer, disassemble, or otherwise attempt to discover any source code from, any software accessible or available through this site, or sell, assign, sub-license or otherwise transfer any right in such software.

By posting a job listing or by otherwise using the MY CITY app platform Service, you grant to the MY CITY app a royalty-free, perpetual, irrevocable, non-exclusive license and full right to use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from, such job listings or other content you post on, or input into, the MY CITY app platform Service (‘‘Your Content”). You also grant to the MY CITY app a royalty-free, non-exclusive license to access, use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from, job posting listings displayed on your own sites, by means of any automated processes (including spiders, bots and similar data-mining devices) used by MY CITY app or its agents. You warrant to MY CITY app that the holder of any rights, including any moral rights, in Your Content, has waived all such rights and has irrevocably granted to you the right to grant the licenses described above.

MY CITY app will terminate the accounts of any Employer, and block access to the MY CITY app platform Service of any Employer, who are infringers of the copyrights, or other intellectual property rights, of MY CITY app and others. MY CITY app reserves the right to take these actions at any time, in its sole discretions, with or without notice, and without any liability to the Employer whose account is terminated or to the Employer whose access is denied.

D.    Use of the MY CITY app Platform Service

You may only use the MY CITY app platform Service to seek job candidates, as described above. You must not:

 

(a) use the MY CITY app platform Site Service for any fraudulent, illegal, harassing or offensive activity including, but not limited to, the posting of sexually explicit material or content inappropriate for viewing by minors, or which is likely to offend or criticize any employee or group or portion of society, and

 

(b) post any content where such posting constitutes the infringement or violation of any right of any third party. You agree not to engage in any activity that would impair the proper functioning of the MY CITY app platform Service and its Content. Specifically, you agree not to post any false or misleading postings, interfere with or modify the postings or functioning of any site on the MY CITY app platform Service, or engage in any activity to defeat any security or feature of the MY CITY app platform Service. You may not post any franchise or other business opportunity that requires an initial or periodic payment, pays an insignificant salary or commissions only or requires recruitment of other members or sub-agents.

E.    Disclaimer of Content

Your communications on the MY CITY app platform Service are your responsibility. MY CITY app does not review or confirm the accuracy of any Content or postings on MY CITY app platform Service, but it reserves the right to review and reject any information it believes to be contrary to these Terms and Conditions or the Business Terms. MY CITY app reserves the right to remove any Content, deactivate any account, or otherwise terminate access to the MY CITY app platform Service for violation of any of these Terms and Conditions or the Business Terms, or if otherwise compelled by court order. MY CITY app does not endorse or sponsor in any way the activities, products, services or policies of any person or company which posts information on, or which serves as part of, the MY CITY app platform Service. MY CITY app accepts no responsibility for the accuracy or completeness of any Content posted, or the hiring practices or policies of employers.

F.    User Data

MY CITY app seeks to maintain the confidentiality of information submitted to it by individuals seeking employment, as described in the MY CITY app Privacy Statement – For Job Seekers, and you agree to abide by all such provisions.

G.   Trademarks

MY CITY app is a trademark or service mark of MY CITY TECHNOLOGY. MY CITY does not grant to you any rights under these Terms and Conditions with respect to these trademarks or any other trademarks of MY CITY.

H.    Indemnification

You agree to promptly indemnify MY CITY app and its officers, directors, employees, members, agents and affiliates (“Associates”) for all damages, liabilities, costs, charges and expenses, including reasonable legal and accounting fees (“Costs”), that MY CITY app or its Associates incur as a result of your each of these Terms and Conditions or the Business Terms and any Costs relating to the Content or in any way relating to your conduct with respect to the MY CITY app platform Service. MY CITY app shall provide to you timely notice of any claim, suit or proceeding which could give rise to an indemnification obligation hereunder.

I.      Disclaimers

IN ADDITION TO THE OTHER PROVISIONS OF THE TERMS AND CONDITIONS FOR THE SITE, ALL DISCLAIMERS BY MY CITY APP SET FORTH IN THE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE MY CITY APP PLATFORM SERVICE.

J.     Termination

If you no longer agree to be bound by these Terms and Conditions, you must cease your use of the MY CITY app platform Service. Subject to applicable law, MY CITY app reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the MY CITY app platform Service with or without notice. You agree that any termination of your access to the MY CITY app platform Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the MY CITY app platform Service. Further, you agree that MY CITY app shall not be liable to you or any third party for any termination of your access to the MY CITY app platform Service. Termination of service must be informed with a minimum of 30 days time frame. Otherwise, a penalty charge of 2 months of the previous net revenue or RM 10,000 (whichever higher)