Terms of Service
Last Updated: 16 Nov 2016
MARCHBIG provides an online platform to connect merchants that intent to share promotional contents and promote loyalty programs (collectively, the "Offerings") with customers who want to learn about, follow and participate in such Offerings, which are made available online at www.marchbig.com, through any mobile device, application program, and by email or by phone (collectively, the "Services").
These Terms of Service ("Terms") are between you and MARCHBIG Sdn. Bhd. (hereinafter referred to as "MARCHBIG", "we", "us", or "our"). By using the Services, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services, and constitute a binding legal agreement between you and MARCHBIG.
The Services comprise a platform through which merchants may share Offerings on a page provided by MARCHBIG to the merchants (hereinafter referred to as "Page") and customers may learn about, participate and follow such Offerings directly from the Page. You understand and agree that MARCHBIG is not a party to any agreements entered into between merchants and customers. MARCHBIG has no control over the conduct of merchants, customers, and other users of the Services or any Offerings shared on the Pages, and disclaims all liability in this regards to the maximum extent permitted by law.
If you are a merchant and you choose to share Offerings on your Page, you acknowledge and agree that you alone are responsible for any and all Offerings that you post, and you understand and agree that your relationship with MARCHBIG is limited to being a merchant and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of MARCHBIG for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of MARCHBIG. MARCHBIG does not control, and has no right to control, your Offerings, your offline activities associated with your Offerings, or any other matters related to any Offerings that you provide on your Page. If a customer follows your Offerings from your Page, any agreement you enter into with such customer is between you and the customer and MARCHBIG is not a party to it. As a merchant you agree not to do anything to create false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of MARCHBIG, including by inappropriately using any MARCHBIG’s intellectual property.
Please note that the Services are intended to be used to facilitate merchants and customers connecting with each other. MARCHBIG cannot and does not control the Offerings contained in any Page and the condition, legality or suitability of the Offerings. MARCHBIG is not responsible for and disclaims any and all liability related to any Offering in all Pages. As a customer, you should carry out your own check in respect of any of the merchant’s Offerings or any content and information in the Pages and use your own judgement before you follow or participate in any Offerings. We give no warranties of any kind in relation to the merchant’s Offerings, contents and information in the Pages. We are not liable for any action customers may take as a result of relying on any content and information provided on the Pages or for any loss or damage suffered by customers as a result of taking such action.
You acknowledge and agree that, by accessing or using the Services, or by downloading or posting any content from or on the Pages, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Services. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
The Services that MARCHBIG provides are always evolving and the form and nature of the Services that MARCHBIG provides may change from time to time without prior notice to you. If we modify these Terms, we will either post the modification on the Services or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Services after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only resource is to cease using the Services.
The communications between you and MARCHBIG are electronic. You consent to receive communications from MARCHBIG in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Use of the Services
As a condition of your use of the Services, you agree that:
- You have reached the age of majority in the country in which you reside;
- You are able to create a binding legal obligation;
- You are not barred from receiving products or services under applicable law;
- You will not attempt to use the Services with crawlers, robots, data mining or extraction tools or any other functionality;
- Your use of the Services will at all times comply with these Terms;
- You will update and correct information you have submitted to the Services and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
- You will only participate in all available programs through the Services by creating an account on the Services which will be subject to these Terms.
As a customer, you may only create and hold one account on the Services for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information; and (b) opt-out of persistent login. You understand and agree that MARCHBIG shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Services or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including, without limitation, failure to maintain updated and correct information about your account will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit all forms of unredeemed value in your account. Upon termination, the provisions of these Terms that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Services, including, without limitation, requirements for use.
Access to the Services
MARCHBIG retains the right, at our sole discretion, to deny service or use of the Services or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Services and your account accessible, the Services and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in the Services or access to your account due to circumstances both within our control (e.g. routine maintenance) and outside of our control.
The Services allows a customer to earn a percentage (%) of the customer’s spending which will be stored in the customer’s account ("Cashback"). Cashback is not exchangeable for cash. Unless specified otherwise, Cashback can only be redeemed at the specific merchant in which the Cashback was earned from.
The merchant is the issuer of Cashback and is solely responsible for determining the percentage/s (%) of Cashback, as well as, for the redemption of Cashback. The merchant is also solely responsible for all products and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of Cashback or not, as well as for any unclaimed property liability arising from unredeemed Cashback. You hereby irrevocably waive all rights related to, and release MARCHBIG and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a merchant in connection with your use of any Cashback or the products and/or services it provides in connection with it.
Free Vouchers & Surprise Gifts
You may earn free vouchers from the merchant when you participate in certain activities by the merchant via the Services (each a "Free Voucher", and collectively, "Free Vouchers"). You may also at times earn Surprise Gifts via the Services (each a "Surprise Gift", and collectively, "Surprise Gifts").
Unless otherwise stated on the Free Voucher and/or Surprise Gift or required by law, the following additional terms apply to all Free Vouchers and/or Surprise Gifts:
- Free Vouchers and/or Surprise Gifts must be redeemed in their entirety in one visit to a merchant.
- Free Vouchers and/or Surprise Gifts are not redeemable for cash.
- Use of a Free Vouchers and/or Surprise Gifts for alcoholic beverages is at the sole discretion of the merchant in accordance with applicable law.
- Free Vouchers and/or Surprise Gifts cannot be combined with any other coupons or promotions.
- Free Vouchers and/or Surprise Gifts cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
- Neither MARCHBIG nor the merchant is responsible for lost or stolen Free Vouchers and/or Surprise Gifts.
- Duplicate use, sale or trade of a Free Voucher and/or Surprise Gift is prohibited.
- Unless otherwise stated in the Fine Print, the price of the Free Voucher and/or Surprise Gift does not include sales, value-added or use taxes, which may be charged to you separately by the merchant at the time you redeem the Free Vouchers and/or Surprise Gifts.
In addition to the Terms set forth herein, each Free Voucher and each Surprise Gift comes with its own set of restrictions, terms and conditions (collectively, the “Fine Print,” whether or not they are expressly labeled as such on a Free Voucher and/or Surprise Gift). The Fine Print may restrict things such as when or where you can redeem a Free Voucher and/or Surprise Gift, as well as other limitations, so always read carefully.
The merchant is the issuer of the Free Vouchers and Surprise Gifts and is solely responsible for redeeming the Free Vouchers and Surprise Gifts and responsible for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Free Voucher or Surprise Gift, as well as, for any unclaimed property liability arising from unredeemed Free Vouchers or Surprise Gifts. You hereby irrevocably waive all rights related to, and release MARCHBIG and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a merchant in connection with your use of a Free Voucher and Surprise Gifts or the products and/or services it provides in connection with it.
We may, in our sole discretion permit you to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted on or via the Services (collectively, "User Content"). We reserve the right to adjust, refuse or remove User Content at our sole discretion.
By submitting any User Content on or via the Services, or through MARCHBIG promotional campaigns, you hereby grant MARCHBIG a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Services. MARCHBIG does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or through MARCHBIG promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or through MARCHBIG promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to MARCHBIG the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or MARCHBIG's use of the User Content (or any portion thereof) on, through or by means of the Services or MARCHBIG promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services. In connection with your use of the Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or applications contained in the Services;
- use the Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies MARCHBIG endorsement, partnership or otherwise misleads others as to your affiliation with MARCHBIG;
- dilute, tarnish or otherwise harm the MARCHBIG brand in any way, including registering and/or using MARCHBIG or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to MARCHBIG domains, trademarks, taglines, and promotional campaigns.
- copy, store or otherwise access or use any information contained on the Offerings, Pages or Services for purposes not expressly permitted by these Terms;
- infringe the rights of MARCHBIG or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- "stalk" or harass any other user of our Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a merchant or customer;
- recruit or otherwise solicit any merchant or customer to join third-party services or websites that are competitive to MARCHBIG, without MARCHBIG's prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Services;
- as a merchant, post Offerings with false or misleading information, including price information, or with a price that you do not intend to honor;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Services;
- post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Services, or any individual element within the Services, MARCHBIG's name, any MARCHBIG trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without MARCHBIG's express written consent;
- access, tamper with, or use non-public areas of the Services, MARCHBIG's computer systems, or the technical delivery systems of MARCHBIG's providers;
- attempt to probe, scan, or test the vulnerability of any MARCHBIG system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MARCHBIG or any of MARCHBIG's providers or any other third party (including another user) to protect the Services;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- advocate, encourage, or assist any third party in doing any of the foregoing; or
MARCHBIG has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, MARCHBIG may take a range of actions against you, including but not limited to deactivating or canceling your Page(s) or MARCHBIG account, for a violation of these Terms.
MARCHBIG may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against MARCHBIG or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of MARCHBIG, its users, or members of the public. MARCHBIG reserves the right, at any time and without prior notice, to remove or disable access to any Offerings and/or Pages that MARCHBIG, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
Copyright and Trademarks
The Services contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire content of the Services are protected by copyright, trademark, and other intellectual property laws of Malaysia. MARCHBIG owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of MARCHBIG or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Third Party Content and Links
The Services may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the content on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NONE OF MARCHBIG, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, OFFERINGS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF OFFERINGS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SERVICES. THE SERVICES AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SERVICES, OFFERINGS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SERVICES, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, MARCHBIG HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SERVICES OR THE OFFERINGS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANT ABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
Limitation of Liability
IN NO EVENT SHALL MARCHBIG, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SERVICES, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SERVICES OR SUBMITTED BY TO YOU TO THE SERVICES; (B) YOUR INABILITY TO USE THE SERVICES; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SERVICES; (D) THE OFFERINGS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SERVICES; (E) ANY PRODUCTS OR SERVICES; (F) THESE TERMS; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL MARCHBIG’S LIABILITY IN CONNECTION WITH AN OFFERING, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT OR SERVICE.
You agree to defend, indemnify and hold harmless MARCHBIG, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any Offerings through the Services; (b) any User Content submitted or posted by you, in connection with the Services, or any use of the Services in violation of these Terms; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable Malaysian, or foreign law or rights of a third-party.
You are solely responsible for your interactions with merchants and other users of the Services. To the extent permitted under applicable laws, you hereby release MARCHBIG from any and all claims or liability related to any product or service of a merchant, regardless of whether such product or service is an Offering or Deal available through the Services, any action or inaction by a merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a merchant, a merchant’s failure to comply with applicable law and/or failure to abide by the terms of an Offering or any other product or service purchased or obtained by you from the merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.
MARCHBIG shall be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of MARCHBIG.
You may not assign or transfer these Terms, by operation of law or otherwise, without MARCHBIG's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MARCHBIG may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any disputes arising out of or related to these Terms and/or any use by you of the Services or MARCHBIG’s services shall be governed by the laws of Malaysia, without regard to its choice of law rules and without regard to conflicts of laws principles.