HEPPIDEALS SOLOMO WEB MERCHANT AGREEMENT
Last updated: 5 September 2016
Please read the following terms of this agreement carefully. By signing up for the HeppiDeals SoLoMo Web ("Web" or "Service") via the Subscription Form ("Form") at http://heppideals.com/subscribe, you accept and agree to all of the terms and conditions set forth in this agreement. This agreement ("Agreement") is entered into by and between HeppiDeals ("us", "we" or "our") and merchant ("you" or "your").
Account Sign Up
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Web.
- To access the Web for business use, you must register for an account ("Account") by providing your full legal name, phone number, a valid email address, company name, shop address and any other information indicated in the Form as required. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that we will use the email address you provide as the primary method for communication.
- You are responsible for all information such as text, photos and links that you sent to us via the Form. You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the terms and conditions as determined in the sole discretion of us will result in an immediate termination of your Account.
- The person signing up for the Account will be the contracting party ("Account Owner") for the purposes of our terms and conditions.
- If you are signing up for the Account on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Account on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our terms and conditions.
- The Account will start active if only all information submitted by you via the Form are true, current and complete.
Fees and Payment
- Tax invoice will be sent to you via email 20 days prior to the plan's expiry date.
- The full payment of tax invoice must be received by us by the plan's expiry date. Otherwise, it will results the deactivation of the Account and the Web.
- The payment can be made via:
- Cash deposit to Happy Deals Marketing with Malayan Banking Berhad bank account number 5148 7908 4391.
- Cheque payable to "Happy Deals Marketing" and ATM cheque deposit to Happy Deals Marketing with Malayan Banking Berhad bank account number 5148 7908 4391.
- Payment slip (cash or cheque) with stated the tax invoice number must be sent to us as the proof of payment.
- No refund will be entertained in the event of remove your Web and/or cancel your Account for any reason at anytime.
Web Setup and Maintenance
- Upon the activation of the Account, we will create one(1) unit of the Web.
- The Web consists of one(1) web page only with standard design. The standard design is determined by us.
- The Web's domain will be http://xxx.heppi.cc which the subdomain 'xxx' is customizable and is subject to availability. The subdomain 'xxx' is unchangeable.
- The expired subdomain name will be secured up to 3 months only from the expiry date.
- The Web is hosted by us and owned by us.
- The Web will be delivered within 5 business working days from the date of the Account is activated.
- Content of the Web can be changed unlimited time at anytime within Account paid active period. Please contact us for the changes. 3 business working days delivery is required for the changes.
- The changeable content (all provided by you) includes:
- The percentage off your customer's bill. (item 2 at the Form)
- Shop name. (item 3 at the Form)
- Website and/or social network site links. (item 4 at the Form)
- Facebook share dialog image. (item 5 at the Form)
- Facebook share dialog headline. (item 6 at the Form)
- Facebook share dialog description. (item 7 at the Form)
- Facebook share dialog caption. (item 8 at the Form)
- Facebook share dialog direct link. (item 9 at the Form)
- User data will be consolidated and sent to you via email in 1-month interval within the Account active period. For example, your Account starts active on 20 January 2016, we will send the user data on 20 February 2016, 20 March 2016 and so on.
- One standard colour design of A5-sized standee/sticker in softcopy will sent to your email upon the Web delivery. The standard design is determined by us.
- All the liaison, maintenance and support is via email only. All other communication methods will not be entertained.
- We reserve the right to modify or terminate the Account or the Web for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Web content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these terms of Agreement.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any our client, our employee, member, or officer will result in immediate Account termination.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that our employees and contractors may also be our client and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- We retain the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, we reserve the right to temporarily disable an Account until resolution has been determined between the disputing parties.
Limitation of Liability
- You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service (including Facebook applications and SDKs).
- In no event shall we or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this Agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, our partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service (including Facebook applications and SDKs) is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
- We do not warrant that the Service (including Facebook applications and SDKs) will be uninterrupted, timely, secure, or error-free.
- We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable, including user data.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Intellectual Property and Content
- We do not claim any intellectual property rights over the material you provide to the Service. All material you upload remains yours. You can remove your Web and/or cancel your Account at any time by contacting us.
- By uploading Web content, you agree: (a) to allow other internet users to view your Web content; (b) to allow us to display and store your Web content; and (c) that we can, at any time, review all the Web content submitted by you to the Service.
- We shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Web to promote the Service.
Cancellation and Termination
- You may cancel your Account at anytime by contacting us and then following the specific instructions indicated to you in our response.
- Upon termination of the Service by either party for any reason:
- we will cease providing you with the Service and you will no longer be able to use the Web;
- you will not be entitled to any refunds of any fees, pro rata or otherwise;
- any outstanding balance owed to us for your use of the Service through the effective date of such termination will immediately become due and payable in full; and
- your Web will be taken offline.
- If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, we may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Service.
Modifications to the Service and Prices
- Prices for using the Service are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to our site (heppideals.com) or via email.
- We reserve the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Third Party Services
- In addition to this Agreement, you also agree to be bound by the additional service-specific terms applicable to services that are provided by, our partners or other third parties.
- We may from time to time recommend, provide you with access to, or enable third party software, applications ("Apps"), products, services or website links (collectively, "Third Party Services") for your consideration or use, including via our sites and/or email. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider ("Third Party Provider"). Any use by you of Third Party Services offered through the Service or our websites is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that we has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on our websites, including the Web, or the integration or enabling of such Third Party Services with the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with us. We strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
- If you install or enable a Third Party Service for use with the Service, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Service, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. We are not responsible for any disclosure, modification or deletion of your data or Web content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Web content.
- Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if we have been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
Waiver and Complete Agreement
- The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The terms constitutes the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Agreement).