CITY EXPLORER APP SDN BHD “OFFER LINK APP” TERMS & CONDITIONS

Introduction:

1. Please read these terms of use (“Terms”) carefully before accessing and/or using the Platform and/or Service. These Terms govern your rights and obligations (whether as a guest or a registered user) regarding the access and/or use of the “Offerlink” (referred to as “Platform”), Mobile applications or any Internet Service (including any associated software supplied by and under “City Explorer App Sdn Bhd”) control or ownership. These Terms constitute a legally binding agreement between City Explorer APP Sdn Bhd (including all its subsidiaries, brands, related and/or associated companies/brands, including “Offerlink”. These entities are collectively referred to as “City Explorer App Sdn Bhd”, “Offerlink”, “we”, “us” or “our”), the proprietor of all rights in and to the Platform and/or Service, and you, the user of the Platform and/or Service.

2. “Offerlink” is an online platform that facilitates planning and purchase and collect or redeem the purchased items at Merchant’s store. “Offerlink” platform consist of variety of categories products or services such as food and beverage, beauty, fitness, home products, IT & Electronics, Fashion & Clothes, Furnitures, Car Accessories offers at participating Outlets/ Shops (collectively referred to as “Offers” and the parties providing such Offers are referred to as “Merchants”).

3. City Explorer App Sdn Bhd / “Offerlink” is a company that provides the Platform and/or Service but not the Offers. The Service enables “Offerlink” users to purchase and or join Offers provided by the Merchants. It is up to the Merchants to list their Offers to “Offerlink” users and it is up to “Offerlink” users to accept such Offers. The Platform and/or Service provided by “Offerlink” is to connect users with Merchants, but it does not nor is it intended to provide any of the Offers or any act that can be construed in any way as an act of providing the Offers.

4. By accessing, browsing, downloading and/or using the Platform and/or Service, you acknowledge that you agree to comply with and be bound by these Terms, as amended from time to time. If you disagree with any part of these Terms, you must immediately discontinue your access and/or use of the Platform and/or Service.

5. We may change or update the Platform and/or Service and any information on the Platform and/or Service at any time without notice to you or liability to us. We may also suspend, discontinue, or restrict access to, the Platform and/or Service temporarily or permanently at any time without notice to you or liability to us.

6. We may revise or update these Terms at any time by posting a revised/an updated version on the Platform. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of the Platform and/or Service after a revision or update to these Terms constitutes your binding acceptance of the revised or updated Terms.

Purchasing and Payment:

1.You are able to purchase individual offers at the price displayed at each offer listed. When you purchase an offer, “Offerlink” will :-

a.process your payment, or hold the credit card number and charge the card immediately and

b.notify you of the purchase and own collection of items purchase.

2.Payment Method: You must provide us with a current, valid and accepted payment method (as may be updated from time to time, “Payment Method”) to use the Platform and/or Service. By using the “Offerlink”, you agree to pay the stipulated price of the offers you select and purchase through the Payment Method. This does not waive our right to seek payment directly from you through any other methods, should the Payment Method fail.

3.If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any unpaid purchases and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing date. We use third party payment service providers to facilitate your Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreement between you and your financial institution, credit/debit card issuer/ online transfer or other provider of your selected Payment Method.

4.We disclaim all liabilities associated with the security of the Payment Method. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer/ online transfer or other provider of your selected Payment Method.

5. Taxes: Your purchase of an offer is inclusive of applicable taxes where required by law. You agree that your fee shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend us to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

6. No refunds: Purchases are Not Refundable and we will not refund or credit for any partially used or unused offers unless you provide credible evidence to us to prove that you have been wrongly billed or such other circumstances on a “case to case” basis as we may decide in our sole and absolute discretion.

7. Offer search: You may search for Offers and Merchants and view related information about offer types and times, instructors’ information as well as Merchants’ locations and other related information such as amenities and other offerings. We may also feature an Offer as an advertisement on the Platform or on any other social media sites, but this is not a recommendation or endorsement of such Offer. We make No Guarantees or Representations on the quality or nature of the Merchants or Offers.

8. Offer purchases: All Offers are updated on time to time basis and or when deemed necessary. You must purchase an Offer on the Platform in advance before you collect/ redeem the offers. Some Offers are popular and or limited, so make sure you plan in advance. Upon visiting the Merchants to collect/ redeem your Offer, you may be asked to show your identity card/ passport/ QR Code for verification purposes. Please make sure it matches with your official name in your Account. We make No Guarantees or Representations on the availability of Offers available for purchase as access to the Offers is on a “First Come First Serve” and “Offers Available” basis. Offers can be purchased any time in advance, but some Merchants may have shorter availability time of offers. We reserve the right to change, remove or add the Merchants without notice to you or liability to us.

9.Rate andReview an Offer: In the event if you able to or may rate your experience gained from the Offer or write a free-text review. You grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, publish, list information regarding, remove, translate, distribute, publicly perform or display, and make derivative works of your rating and/or review in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting “Offerlink” and the Platform and/or Service in any media formats and through any media channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. We may, in our sole and absolute discretion, choose to monitor, review or remove your rating and/or review if we think your rating and/or review has violated these Terms.

10.Feedback: If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Platform and/or Service (“Feedback”), we have the right to use such Feedback in our sole and absolute discretion. You grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to incorporate and use your Feedback for any purposes.

11.User Content: If you provide us with other form of user content, whether in textual, audio and/or visual form, including submission of entries for competitions and promotions, such user content remains your property. However, by providing user content to us, you grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, modify, publish, list information regarding, edit, remove, translate, distribute, publicly perform or display, and make derivative works of your user content in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting “Offerlink” and the Platform and/or Service in any media formats and through any media channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

12.You agree to not provide user content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole and absolute discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove user content, in our sole and absolute discretion and at any time and for any reason, without notice to you or liability to us.

13.Cancellation and no-show policy: “Offerlink” maintains a No Cancellation policy once order and payment has been made via what so ever payment method. “Offerlink” do not hold any responsibility on the purchased item/ order. For purchased offers that are not collect/ redeem at a stipulated time frame, this will be considered as a no-show. In no-show conditions purchased offers are remain considered sold, there will be no refunds (either in the form of money or credit). There will also be no refunds for any partially used or unused offer unless you provide credible evidence to us to prove that you have been wrongly billed. Payment made by user for purchased offer will be credited to Merchants in Seven (7) working day from offers redemption or collection date or Sixty (60) working days from payment transaction received date in the event of no-show. All payment period to Merchants may subject to change without notice to you or liability to us.

14.We reserve the right to suspend or terminate your Account without compensation to you and/or prevent your access to the Platform and/or Service if you are found to have repeatedly violated this policy. We reserve the right in our sole and absolute discretion to remove any Offers from the Platform and/or Service and we shall not be liable for the Offer cancellation.

15.Communications from “Offerlink” : By signing up with “Offerlink”, you agree to receive certain email and other communications in connection with the Platform and/or Service. For example, you might receive review requests, Offer purchase confirmations requests from us. Communications relating to your Account will only be sent for important purposes, such as password recovery. You may also receive our e-mail newsletter and or message blasting from time to time.

16.Offerlink” is only open to those who have attained the age of 18 or above, or the age of majority in your country. By signing up with “Offerlink”, you represent and warrant that you are at least 18 years of age. If you are under the age of 18 or the age of majority in your country, you may only use the Offers under the company or supervision of a parent or legal guardian, under such person’s Account and otherwise subject to these Terms.

17.Multiple accounts: Every user is only entitled to create one account per person. Any user who creates multiple accounts with single identity or multiple identities shall be in violation of these Terms and shall have his Account suspended/terminated and shall not be allowed to have access to the Platform and/or Service upon suspension/termination. We and/or our Merchants reserve the right to review and investigate all allegations of fraudulent activities and to take any and all measures we and/or our Merchants deem necessary to ensure a fair sign up scheme is implemented accordingly.

18.Additional terms: When using the Platform and/or Service, you will be subject to any additional guidelines or rules applicable to specific products, services or features which may be posted from time to time. In the event of any inconsistencies or discrepancies between these Terms, these Terms shall prevail. Should you have any questions, please send us an email to cityexplorerapp2016@gmail.com

Obligation:

1. You are solely responsible for your own internet connection/telecommunication charges incurred for accessing and connecting to the Platform and/or Service.

2. You may access and view the Platform and/or Service and may save an electronic copy or print out a copy of the materials from the Platform and/or Service, solely for your own personal and non-commercial use. All copies that you make must be in the form as presented on the Platform and/or Service and must include all applicable copyright and other notices on the Platform and/or Service. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or for any commercial use.

3. You must comply at all times with any instructions for use of the Platform and/or Service which we make from time to time.

4. You must keep your user name and/or login password secure and :

(a) not permit any other person to use your user name and/or login password, including not disclosing or providing it to any other person; and

(b) immediately notify us if you become aware of any unauthorised use or disclosure of your user name and/or login password, by sending an email to cityexplorerapp2016@gmail.com

5. You must not :

(a) act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, network, data or personal data stored on the Platform and/or Service;

(b) use the Platform and/or Service in any manner that could damage, disable, overburden or impair any of our server, or the networks connected to our server, or interfere with any other party’s access and use of the Platform and/or Service;

(c) attempt to gain unauthorized access to the Platform and/or Service, other “Offerlink” user’s Accounts, computer systems or networks connected to our server, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform and/or Service or any activities conducted on the Platform and/or Service;

(d) obtain, or attempt to obtain, any information through any means not intentionally made available on or through the Platform and/or Service;

(e) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform and/or Service;

(f) license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform and/or Service in any way;

(g) modify or create a derivative work based on the materials on the Platform and/or Service, nor decompile, decipher, reverse-engineer or disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform and/or Service in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Platform and/or Service; or copy any ideas, features, functions or graphics of the Platform and/or Service;

(h) link to, mirror or frame any portion of the Platform and/or Service;

(i) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform and/or Service;

(j) intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any “Offerlink” users or Partners; and/or

(k) permit third parties (including other “Offerlink” users) to use any Offers purchased under your own account, unless such Offers are purchased for a child’s use, in which case, the child must be accompanied or supervised by you when he/she uses the Offers.

6. You hereby agree to indemnify and hold us, our affiliates, and each of our and their respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against all losses, damages, claims, liabilities, expenses or costs that arise from or in connection with:

(a) your access and/or use of the Platform and/or Service;

(b) your breach of any of these Terms or any applicable law or regulation;

(c) your dealing with the Merchants, including your breach of any terms set by the Merchants or the rights of any third party, including the Merchants;

(d) any other party's access and/or use of the Platform and/or Service using your user name and/or login password; and/or

(e) any other party's breach of any of these Terms where such party was able to access and/or use the Platform and/or Service using your user name and/or login password.

7. Any rights relating to the use of the Platform and/or Service not expressly granted herein are reserved and no license or right is granted to you by implication or otherwise.

Intellectual Property:

1. We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Platform and/or Service (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information or content made available on or through the Platform.

2. We grant you, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Platform and/or Service for your own personal and non-commercial use. This license is revocable at any time without notice to you or liability to us. All rights not expressly granted to you are reserved by us.

3. The terms “Offerlink”, are our trademarks, trade names and service marks. Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the marks “Offerlink”.

4. All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.

Disclaimers:

1. While we endeavour to ensure that the information and materials on the Platform and/or Service are correct, no representation, warranty or guarantee, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The information and materials on the Platform and/or the quality of the Service are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.

2. Whilst we endeavour to make the Platform and/or Service available 24 hours a day, we shall not be liable if for any reason the Platform and/or Service is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Platform and/or Service will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

3. To the extent permitted by law, we and our licensors hereby disclaim all warranties, express or implied, statutory or otherwise, in respect of the Platform and/or Service and we and our licensors have no liability or responsibility to you or any other person (even if we have been advised as to the possibility) for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with:

(a) the Platform and/or Service being unavailable (in whole or in part), interrupted or performing slowly;

(b) any error in, or omission from, any information made available through the Platform and/or Service;

(c) any other party's access and/or use of the Platform and/or Service using your user name and/or login password;

(d) any exposure to malicious software including but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful forms of interference which may damage your computer system, mobile device, software, data or other property or expose you to fraud when you access or use the Platform and/or Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Platform and/or Service protects you from this; and/or

(e) any site linked from the Platform and/or Service. Any link on the Platform and/or Service to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

4. We make no representation, warranty or guarantee:

(a) that the Platform and/or Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Platform and/or Service is not illegal or prohibited, and for your own compliance with applicable local laws;

(b) that the Platform and/or Service will be compatible with all hardware, software and operating system which you may use;

(c) about the accuracy, reliability, suitability, completeness or timeliness of the Platform and/or Service or of any information from the Merchants, such as class times, locations and descriptions; and/or

(d) about the quality, suitability, safety or ability of the Merchants’ services.

5.We are not responsible nor liable for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, cost or expense, whether in contract, tort (including negligence, injuries or other health or medical problems), that you may suffer or incur as a result of or in connection with the acts, omissions and/or negligence of any Merchants who provides the Offers to you.

6.In the event of any inconsistencies or discrepancies between the English version and other translated versions of these Terms or the information on the Platform and/or Service, the English version shall prevail.

Exclusion of Liability:

1. To the maximum extent permitted by law:

(a) your access and use of the Platform and/or Service is entirely at your own risk; and

(b) we, our respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives are not liable or responsible to you or any other person for any direct, indirect or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with these Terms, the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service.

Complaints:

1. In an event of a dispute with the Merchants, we will help to our best extent, within the Terms of Use to mediate and resolve the dispute. We are not a party to any agreement, dealing or transaction entered into between you and the Merchants, whether as a result, directly or indirectly, from using the Service and we disclaim any and all responsibilities and/or liabilities arising from such agreement between you and the Merchants.

2.If a dispute arises between you and “Offerlink”, we to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and “Offerlink” at this moment agree that we will resolve any claim or controversy at law or equity that arises out of the Terms of Use or Platform and/or Service in agreement with this section or as you and we otherwise agree in writing.

Suspension and Termination:

1.We reserve the right, in our absolute discretion, to monitor any and all access and use of the Platform and/or Service.

2. Without prejudice to any other right or remedy available to us, if we consider that you have breached any of these Terms or we otherwise consider it appropriate, we may immediately, and without notice to you or liability to us, suspend or terminate your Account and access to the Platform and/or Service (or any part of it) without compensation to you and we may block access from a particular Internet protocol address to the Platform and/or Service (or any part of it) in the event of any breach of these Terms. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for breach of these Terms.

3. On suspension or termination of your Account, you must immediately cease using the Platform and/or Service and must not attempt to gain further access.

Third Party Advertising:

We may allow third party advertisers to place advertisements on the Platform or any part thereof. Such advertisements will be clearly identified as originating from third parties. By using the Platform and/or Service, you agree to receive such advertising and marketing materials. If you do not want to receive such advertising and marketing materials you should notify us in writing. We do not endorse, and will not be responsible for, the contents of such advertisements or for your access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements.