Terms of Use of SMART-i Lifestyle
These Terms of Use of SMART-i Lifestyle
(“Terms of Use”) govern your use of the SMART-i’s Lifestyle and, unless
otherwise stated, to your use of any of other services, including our mobile
application and application programming interfaces (APIs) owned or operated by SMART-i
or operated on behalf of SMART-i (collectively the “Platform”). This Platform
is owned and operated by UZM Group Sdn Bhd (Company No.: 1144247-V) (“UZM Group”,
“SMART-i”, “Company”, “us”, “we”, or “our”). Please read these Terms of Use
carefully before using the Platform. We may modify these Terms of Use at any
time at our sole discretion, and such modifications shall be effective
immediately upon posting of the modified Terms of Use. You agree to review the
Terms of Use periodically to be aware of such modifications and your continued
access to or use of the Platform shall be deemed your conclusive acceptance of
the modified Terms of Use. SMART-i reserves the right at its absolute
discretion to vary, delete or add any of the clauses in these Terms of Use from
time to time without prior notice. If you do not agree with these Terms of Use,
you should cease using the Platform immediately. Where these Terms of Use are
translated into a language other than the English Language, in the event of any
inconsistencies, conflicts or discrepancies between the terms and conditions
set out in the English Language version and that of the other language(s), the
English Language version shall prevail.
The use of specific Products and Services
offered on the Platform shall be governed by the terms and conditions of such
Product and Services. These Terms of Use shall be read together with the terms
and conditions of such Product and Services and SMART-i’s Privacy Notice.
Definitions and Interpretations
Kindly read these Terms of Use carefully
before using and/or accessing the Platform. By using and/or accessing the
Platform, you hereby signify your agreement to be bound by these Terms of Use.
If you disagree, kindly discontinue to use or access the Platform. Further, the
below words and expressions shall have the following respective meanings:
Force Majeure
|
Means an act, omission or circumstances
relied on by one of the parties to the agreement as a force majeure event and
over which that party could not reasonably have exercised control including
but not limited to failure, shortage or interruption of electrical power or
supply, riots or civil commotion, strikes, lock outs or trade or labour
disputes or disturbances, plague, epidemic or quarantine, pandemic, fire,
flood, drought or acts of any Government or sovereign, change in any Law,
acts of war or terrorism (whether real or perceived), inclement or extreme
weather conditions and acts of God. An event or act shall not be excused or
delayed by Force Majeure if it could not reasonably be circumvented through
use of alternative sources, work around plans or other means as may be agreed
between the parties.
|
Governing Law
|
Means the terms and conditions stipulated in
the Platform shall be governed and construed in accordance with the laws of
Malaysia to the extent that if any matters arising or incidental to these
terms and conditions should be subject to the laws of Malaysia.
|
Product
|
Means all and any products offered or
provided by SMART-i within any of its Platforms, either at the present or
hereafter.
|
Service
|
Means all and any of the services provided
by SMART-i via the Platform, including but not limited to the information
services, content and transaction capabilities on the Platform and the
availability to make a purchase.
|
Taxes
|
Means all taxes (including financial
charges, goods and services taxes, sale and service taxes imposed by the
Government), dues, duties, levies, and other related charges (any related
interest and penalties) required/imposed under any law of any jurisdiction in
Malaysia with respect to the prices of the Product payable to SMART-i.
|
User
|
Means the users of the Platform.
|
You
|
Means yourself as a visitor of the Platform,
whether as a paying or a non-paying visitor.
|
Any words and expressions used herein other
than not otherwise defined in the Definition clause shall be interpreted in
accordance with the standard practices of operation.
Any words importing the singular include the
plural and vice versa where the context requires.
Applicability and Eligibility
- Your
use of the Platform, any of the Services, any purchase made and/or any
other transactions that may be performed or conducted through the Platform
are each subject to these Terms of Use.
- To use
the Platform, the Services and/or to make any purchase, you must be
thirteen (13) years of age or over.
Use of the Platform
- Your
agreement to use the Services, Platform and/or conducting any purchase
does not include the provision of a compatible electronic device,
smartphone or any other necessary equipment by us to you in achieving any
of the said purposes. To use the Platform, the Services and/or to make a
purchase, you will require an 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.
- You
expressly agree to use the Platform, Products and/or Services only for
lawful purposes, and not to make use of the Platform, Products and/or
Services for any commercial uses unless you acquire prior written approval
from SMART-i.
- You
agree to use the Platform in a manner consistent with all applicable laws
and regulations.
- You
understand that you are responsible for any content that you post or
transmit on or through the Platform.
- You
shall not use the Platform, Products and/or Services for any unlawful,
fraudulent, criminal or otherwise illegal activities, or activities that
will invade another's privacy, cause irritation, annoyance, inconvenience
or unnecessary concern to any person.
- You
shall not misuse the Platform. By using and accessing the Platform, 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 Platform 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 Platform, the Services (or any part of them)
and/or from making any purchase in the event of any of the above was
conducted by you.
- SMART-i
shall have the right (but not the obligation) in its sole discretion to
monitor, refuse or remove any content that is available via the Platform.
Without limiting the foregoing, SMART-i shall have the right to remove any
content that violates these Terms of Use or is otherwise objectionable.
Content and Related User Conduct
- You
acknowledge that you shall have no rights to alter, replicate, reproduce,
reassign, distribute or store any of the contents in the Platform without
prior written approval from SMART-i.
- Specifically,
you will not use the Platform and/or in the name of the Platform, to post,
transmit, distribute, link to, or solicit content that:
- contains
any advertising and promotional message;
- contains
any region, race, religion, or political party related materials;
- violates
or infringes any laws, regulatory requirements or codes;
- infringes
or violates any copyright, trademark or any other intellectual property,
personal or proprietary rights of any person, or violates any obligation
of confidence or any other proprietary right;
- contains
any obscene, offensive, defamatory or otherwise actionable material;
- undermines
the security or integrity of the Platform, including without limitation by
importing any viruses, Trojan horses, time bombs or other disabling
devices/items intended to detrimentally interfere, damage, surreptitiously
intercept or expropriate such equipment, systems or networks;
- contains
any errors, whether technical or otherwise; or
- contains
any material in any form that would otherwise render SMART-i liable or
expose SMART-i to any proceedings whatsoever.
- You
may not use any automatic or manual device/item or process to monitor or
copy the Platform or any portion of the content contained herein without SMART-i’s
express written permission.
- You
may not use any device/item, software or routine to interfere or attempt
to interfere with the proper working of the Platform, or to impose an
unreasonable or disproportionately large load on the servers serving the
Platform.
Violation of Terms
- You
agree that if you are found to be involved in activities violating the
instructions provided by SMART-i with regards to the use of the Platform,
Products and/or Services and/or any of the activities mentioned in Clause
3 above, your account will be indefinitely frozen from access without any
form of notice and a related public notice will be published. The
activities mentioned in this clause shall include but not limited to:
- suspected
fraudulent act in your access and/or use of the Platform;
- does
not abide to these Terms of Use or any other terms and conditions of the
Products and/or Services;
- does
not abide to the Privacy Notice of SMART-i; and/or
- involved
in acts of immorality and/or defamation to the SMART-i brand and/or to any
stakeholders and/or employees of SMART-i.
- SMART-i
reserves the right to proceed with any further actions against you in the
event that you are found to be conducting any of the activities mentioned
in Clause 4.1 above, including but not limited to imposing a fee or
penalty, suspension or termination of your use of the Platform, and/or
take any legal actions against you, of which actions shall not be
prejudicial to any parties’ rights.
- Pursuant
to Clause 4.1 above, all access and/or services in your account (if any)
will be disabled until your account is proven otherwise. SMART-i, in its
sole discretion, may also suspend your use of the other SMART-i’s
websites, mobile applications and/or any other services belonging to SMART-i
which includes but not limited to the following platforms:
- SMART-i
Partner Application;
- SMART-i
Lifestyle Application; and
- Any
other SMART-i’s platforms as determined by SMART-i from time to time.
- All
services and entitlement will resume should your account is released.
Amendments
- SMART-i
reserves its rights to alter or otherwise vary these Terms of Use at any
time and shall provide you notice thereof by email or by publishing the
change of terms on the Platform or by other reasonable means. It is your
responsibility to regularly check the Platform to determine if there have
been changes to the Terms of Use and to review such changes. Should you be
dissatisfied with any of the terms or conditions, you shall cease the use
of the Platform immediately, failing which you shall be deemed to have
consented to the Terms of Use as modified and/or varied from time to time.
- Your
continued use of the Platform, Products and/or Services or involvement
thereof after notice of any change to the Terms of Use shall also be
deemed to be your agreement to the amended Terms of Use.
Information Submitted to SMART-i
- Except
for any personal and individually identifying information which we have
agreed to keep confidential; any feedback, data, answers, questions,
comments, suggestions, plans, ideas or the like that you send to us via
the Platform, via email or otherwise, will be treated as being
non-confidential and non-proprietary. We assume no obligation to protect
such information from disclosure and will be free to reproduce, use, and
distribute the information to others without restriction. We will also be
free to use any ideas, concepts, know-how or techniques contained in the
information that you send us for any purpose whatsoever including but not
limited to developing, manufacturing and marketing products and services
incorporating such information.
Links/ Hyperlinks by Third Parties and
Hyperlinks to Third Party Website
- The
Platform may contain links and/or hyperlinks to third parties’ website
which are neither owned nor controlled by SMART-i. SMART-i has no control
over and shall not be responsible for any of the content, privacy
policies, or security practices of the third party website, and shall not
be liable for any loss or damage of any kind incurred in connection with
the third party website. Additionally, SMART-i is not responsible to
investigate, remove, monitor, censor or revise the content of any third
party website
- You
hereby acknowledge that by using/accessing the Platform, you expressly
relieve SMART-i from any and/or all liabilities arising from your use of
any third party website. Consequently, SMART-i strongly encourages you to
be conscious by reading our Terms of Use and Privacy Notice before you
leave the Platform and visit the third party’s website, otherwise bear in
mind you do so at your own risk.
- You
agree that caching, hyperlinking to, and framing of the Platform or any of
the contents are strictly prohibited.
- SMART-i
reserves all rights to disable any links to, or frames of any Platform
containing inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topics, names, material or information, or material
or information that violates any written law, any applicable intellectual
property, proprietary, privacy or publicity rights.
Indemnity
- You
agree to fully indemnify, defend and hold harmless SMART-i, its directors,
officers, employees, suppliers, licensors, agents, and any third party
content providers, from and against any losses, damages, claims, costs,
expenses, demands, and/or actions, due to or arising out of your use of
the Platform, your access or connection to the Platform, your violation of
these Terms of Use, or your violation of any rights of another. SMART-i
reserves the right to assume the defence and control of any matter subject
to indemnification by you, in which event you will cooperate with SMART-i
in asserting any available defences.
- Further,
you shall indemnify and save harmless SMART-i against and from all claims,
proceedings, damages, costs and expenses which may be brought against SMART-i
or to which SMART-i may be subjected to by reason of you infringing or
being held to have infringed any intellectual property rights.
- SMART-i
shall not be liable in any way to you whether in contract, tort (including
negligence or breach of statutory duty) or otherwise for any loss, damage
or liability incurred or sustained by you caused by or as a result of:
- any
failure, delay, interruption to or disruption of the Platform in the
transmission or reception of any data through the Platform, howsoever
caused or arising;
- any
loss, corruption or deletion of any data or information transmitted to or
stored in any system or equipment, howsoever caused or arising;
- a
Force Majeure event;
- the
disclosure and/or publication by SMART-i of any information or data
relating to you, howsoever caused or arising;
- the
use in any manner and/or for any purpose whatsoever by any person at any
time whatsoever and from time to time of any information or data relating
to you through the use of the Platform; and/or
- any
unavoidable error, omission or inaccuracy in any information provided by SMART-i
whether to you or any person and whether in any publication or as part of
or in connection with the Platform or otherwise.
Disclaimer of Warranties
- You
acknowledge and agree that the Services are provided on an “as is”, “as
available” and “best effort” basis, and that your use of or reliance upon
the Services and any content, Products or Services accessed or obtained
thereby is at your sole risk and discretion.
- SMART-i
undertakes to provide and ensure that the Services on the Platform be
performed on “best effort” basis, however, failing which SMART-i shall not
be held liable by any party. The Services provided by SMART-i pursuant to
this clause shall include but not be limited to:
- ensuring
that the use of the Services will be secure, timely, uninterrupted or
error free or that the Services will be compatible or operate in
combination with any other hardware, software, system or data;
- ensuring
errors or defects in the Services will be corrected; and/or
- ensuring
that the Services and our server(s) are free of viruses or other harmful
components.
- All
conditions, representations and warranties, whether express, implied,
statutory or otherwise, including without limitation to (where applicable)
any implied warranties of merchantability, fitness for a particular
purpose, and non-infringement, are hereby excluded and disclaimed by SMART-i
to the fullest extent permitted under the law.
- The
Services may be subject to limitations, delays, and other problems
inherent in the use of the Internet and electronic communications
(including problems inherent to the computer or electronic device you
use). SMART-i is not responsible for any delays, delivery failures,
damages, or losses resulting from such problems.
- No
advice or information, whether oral or written, obtained by you from us or
from the Services shall create any representation, warranty or guarantee.
- SMART-i
disclaims any and all liability or responsibility in relation to the
Services made available through the Platform, including but not limited to
the third party’s content and services. SMART-i is not responsible or
liable in any manner for any third party’s content and services associated
with or utilised in connection with the Services, including the failure of
such third party’s content and services provided by our merchants.
- SMART-i
shall have the right at any time, without prior notice, to change, modify,
correct, add to, discontinue, and/or retire any aspect or feature of the
Platform, Products and/or the Services, including, but not limited to,
hours of availability, equipment needed for access or use, or the
availability of the Services (or any part thereof) on any particular
device or communications services. SMART-i is under no obligation to
provide you with any support, error corrections, updates, upgrades, bug
fixes, and/or enhancements of your own use of the Platform and/or the
Services.
Limitation of Liability
- You
expressly understand and agree that:
- SMART-i
provides the usage of the Platform on an "as is", "as
available" and “best effort” basis;
- SMART-i
makes no warranties of any kind, whether express, implied, statutory or
otherwise with respect to the information collected for or provided to you
under this agreement or the Platform;
- SMART-i
does not assume any legal liability or responsibility for the accuracy,
completeness, or usefulness of any information, apparatus, product or
process disclosed on the Platform or other contents accessible from the
Platform;
- to the
full extent permissible by applicable law, SMART-i disclaims all
warranties, express, implied, statutory or otherwise, regarding or
relating to the use of the Platform;
- to the
full extent permissible by applicable law, (where applicable) SMART-i
specifically disclaims any implied warranties of merchantability, fitness
for a particular purpose, non-infringement, or error-free or uninterrupted
usage of the Platform; and
- in no
event shall SMART-i be liable for any incidental, consequential, direct,
indirect or any losses or damages whatsoever (including, but not limited
to, loss or corruption of data, loss of profits, Goodwill, bargain or
opportunity or loss of anticipated savings, or business interruption, or
any other loss, whether in an action of contract, negligence or other
tortious action), arising out of or in connection with the use of or
inability to use the Platform, delays, inaccuracies or errors in the
information or in the transmission of the Platform, or any information or
transactions provided on or over the Platform or downloaded or hyperlinked
from the Platform, or performance of the contents on this Platform, even
if SMART-i has been advised of the possibility of such damages.
- In the
event that you purchase any Products from the Platform, where applicable, SMART-i
shall transfer to you such manufacturer's warranties as may be capable of
transfer to you. You agree that this shall constitute your sole and
exclusive remedy and SMART-i 's sole and exclusive liability in respect of
any defects, faults or failure in or of such equipment. All implied or
statutory warranties and all other warranties implied by law as to
merchantability, quality or fitness for a particular purpose, or otherwise
arising from course of dealing or usage of trade or any other express or implied
warranties or representations are excluded.
- Neither
SMART-i, nor any affiliate, officer, director, employee, related
companies, attorney, authorised partners or agents of SMART-i shall have
any obligation nor the responsibility with respect to, and you hereby
waive, release, and agree not to sue any of us upon, any claim for any
special, indirect, incidental, or consequential damages suffered or
incurred by you in connection with, arising out of, or in any way related
to, these Terms of Use or any of the transactions contemplated herein.
- Further,
you hereby expressly waive, release, and agree not to sue SMART-i or any
affiliates, officers, directors, employees, related companies, attorneys,
authorised partners or agents for punitive damages in respect of any claim
in connection with, arising out of, or in any way related to, these Terms
of Use or any of the transactions contemplated herein.
Intellectual Property Rights
- The
content (including, but not limited to, information, communications,
software, images and sounds contained on or available through the
Platform) is provided by SMART-i, its content providers and third parties
licensors. The intellectual property rights to or over the contents
contained in each Platform shall vest in and solely belong to SMART-i, its
content providers and/or third parties licensors. All rights are reserved.
The contents of the Platform cannot be reproduced, modified, transferred,
distributed, republished, downloaded, posted or transmitted in any form or
by any means including but not limited to electronic, mechanical
photocopying or recording without the prior written permission of SMART-i.
You agree that the materials and contents contained within or provided by
the Platform is for your own personal use only and may not be distributed
commercially to any other third party.
- Your
access to or use of the Platform should not be construed as granting, by
implication, estoppel or otherwise, any license or right to use the
trademarks, tradenames, logos or service marks appearing on the Platform
without SMART-i's prior written consent. You shall not use any of such
trademarks, tradenames, logos or service marks in any manner without SMART-i's
prior written consent.
- You
shall indemnify SMART-i from and against all claims, proceedings, damages,
costs and expenses which may be brought against SMART-i as a result of the
use of such intellectual property rights or infringement by you of the
same.
- All
software’s used on this Platform is the property of SMART-i or its
software licensors and is protected by the relevant copyright laws. You
may not modify, translate, decompile, disassemble, reverse engineer or
otherwise attempt to derive the source code for the computer systems and
other technology that operate the Platform or create derivative works
based on the Platform. For the purposes of these Terms of Use,
"reverse engineering" shall include the examination or analysis
of the Platform to determine the source code, structure, organization,
internal design, algorithms or encryption devices/items of the Platform's
underlying technology. You agree not to circumvent any technology used by SMART-i
or its licensors to protect content accessible via the Service.
Availability
- SMART-i
may change, suspend, or terminate all or any part of the Platform, the
access or availability of the Products or Services, website/link, at any
time, with or without reason and without prior notice.
- You
acknowledge that the operation of SMART-i may from time to time encounter
technical or other problems and may not necessarily continue uninterrupted
or without technical or other errors. SMART-i shall not be responsible to
you or others for any such interruptions, errors or problems or an
outright discontinuance of the Platform or the specific Product or
Services, and/or website/link.
- Pursuant
to clause 12.1, causes for such termination shall include, but not be
limited to the following events:
- requests
by law enforcement or other Government agencies;
- discontinuance
of any or all part of the Platform, Product and/or Services as decided by SMART-i;
- unexpected
technical or security issues or interruption, disruption or congestion
problems of the Platform;
- you
have engaged in fraudulent or illegal activities;
- your
access or use in connection with or for the purposes of any activities on
the Platform, which would or may cause any irritation, annoyance,
embarrassment, harassment, disturbance or nuisance of any kind whatsoever
to or otherwise be prejudicial to the interests of SMART-i or any person;
- you
have breached any of the Terms of Use herein; and/or
- you
have perpetrated a fraud on the Platform or has conducted yourself in a
manner which may result in perpetrating (or which, in the opinion of SMART-i,
constitutes and attempt to perpetrate) a fraud on SMART-i or the Platform.
- You
agree to fully indemnify SMART-i and its stakeholders from any losses
arise as a result of unavailability of access to the Services and/or
Platform.
Governing Law and Jurisdiction
- Any
agreements created between you and SMART-i via this Platform will be
deemed to have been made in Malaysia only and shall be governed and
construed according to the laws of Malaysia. Any disputes or proceedings
shall be subject to the exclusive jurisdiction of the Courts of Malaysia.
Waiver
- SMART-i's
failure to insist upon or enforce strict performance of any provision of
these Terms of Use shall not be construed as a waiver of any provisions or
rights.
- These
Terms of Use are for the benefit of SMART-i and its directors, officers,
employees, suppliers, licensors, authorised partners, agents, and any
third party content providers to the Platform. Each of these individuals
or entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
Severability
- If any
of these Terms of Use are held to be illegal, unenforceable or invalid
under present or future laws or regulations effective and applicable
during the term of this Platform, such Terms of Use shall be fully
severable and shall be construed as if such illegal or invalid Terms of
Use had never comprised as part of the Platform and the remaining Terms of
Use in the Platform shall remain in full force and effect and shall not be
affected by the illegal or invalid Terms of Use or by its severance from
the Platform.
Terms & Conditions applicable to Third
Party Products & Services
- All
third party’s products and services (“Third Party Services”) are deemed
provided to you solely and independently by manufacturer or vendor
(“Vendor”) and all queries, technical support requests, complaints and/or
other issues arising out of or in relation to the Third Party Services
shall be forwarded to the Vendor or its call centre. The Third Party
Services are provided on an "as is" basis. SMART-i, and their
respective related and/or affiliated companies, disclaim and exclude all
warranties (relating to the content, information, services relating to or
in connection with the Third Party Services and/or as provided by the
Vendor including but not limited to, all warranties of merchantability,
fitness for a particular purpose, title, non-infringement, compatibility,
security and accuracy) and all liability to you or anyone else (for any
loss or injury or any direct, indirect, special, exemplary, consequential
damages, or any damages whatsoever including but not limited to loss of
use, data, revenue or profits, whether in action of contract, negligence
or other tortious action, arising out of or in connection with your
application, the Third Party Services and/or the Vendor).
Unidentified Third Party’s Products and
Services
- You
acknowledge and agree that SMART-i is not responsible for the availability
of any unidentified third party products and services or what you access
through the Platform. SMART-i shall not be held responsible or liable for
any content, advertising, products or services available from such
unidentified third parties. Any dealings between you and any unidentified
third party advertisers or merchants found on or via the Platform, including
payment for and delivery of products, services and any other terms,
conditions, warranties or representations associated with such dealings,
are made between you and the relevant advertiser or merchant. Therefore, SMART-i
is not responsible or liable for any loss or damage of any kind incurred
as the result of any such dealings.
- SMART-i
accepts no liability or responsibility for any of the unidentified third
party bookings, products and services provided by such third party
suppliers.
Contact Us
- If you
have any questions or concerns about these Terms of Use, please contact us
via the channels below:
- via
email at [email protected];
- via
our Customer Care hotline at 011-3580 3552.
BY ACCESSING OR USING THIS PLATFORM YOU AGREE
THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.