- QBpay is an online platform that manages the points collected that can be redeem as vouchers for the selected merchant partners (parties providing vouchers are referred to as “Partners”) in their city (“Service”).
- 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.
- 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.
- 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.
- Headings are inserted for convenience and shall not affect the interpretation of these Terms.
- You are able to redeem individual vouchers at the QBpay displayed at each redemption page. When you redeem a voucher, Organization will (a) process your redemption, and (b) notify you of the redemption.
- Redemption Method: You must provide us with your Full Name and NRIC/Passport No; some redemption will require to provide a current, valid delivery address and email address (as may be updated from time to time, “Redemption Method”) to use the Service. By using the Service, you agree to redeem the stipulated QBpay of the vouchers you select and redeem through the Redemption Method.
- Delivery Address: You must provide your delivery address, the vouchers can only deliver to you as individual but shall not be a gift to your friends and family. To prevent fraudulent, we may suspend or terminate your account if there is more than certain number of accounts using the same delivery address. We reserve the right to review and investigate all allegations of fraudulent activities and to take all measures we deem necessary to ensure a fair sign up scheme is implemented accordingly.
- Taxes: Your redemption of a voucher 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.
- No refunds: Vouchers are not refundable and we will not refund or credit for any partially used or unused vouchers unless you provide credible evidence to us to prove that you have been wrongly redeemed or such other circumstances on a “case to case” basis. All refunds shall be decided in our sole and absolute discretion.
3. REDEMPTION AND USER CONTENT
- Featured: We may feature a Partner as an advertisement on the Platform or on any other social media sites, but this is not a recommendation or endorsement of such voucher. We make no guarantees or representations on the quality or nature of the Partners or vouchers.
- Voucher Redemption: Upon visiting the Partners to redeem your voucher, you may be asked to show your identity card/passport 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 vouchers available for redeem as access to the vouchers is on a “first come first serve” and “space available” basis. Vouchers can be redeemed any time in advance, but some Partners may have shorter availability windows. We reserve the right to change, remove or add the Partners without notice to you or liability to us.
- 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.
- 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 QBpay 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.
- You represent and warrant that: (i) you either are the sole and exclusive owner of all user content or you have all rights, licenses, consents and releases necessary to grant us the license to the user content as set forth above; and (ii) neither the user content nor your submission, uploading, publishing or otherwise making available of such user content nor our use of the user content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- 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
- 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 certain offers from the Platform and/or Service. We shall not be liable for the offer cancellation or no-show by our Partners.
- Communications from QBpay: By signing up with QBpay, you agree to receive certain email and other communications in connection with the Platform and/or Service. For example, you might receive review requests, voucher redemption and friend requests from other QBpay users. Communications relating to your Account will only be sent for important purposes, such as password recovery. You will also receive our e-mail newsletter from time to time. You can opt-out from receiving our e-mail newsletter by clicking the “Unsubscribe” link at the bottom of the e-mail.
- Children: QBpay 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 QBpay, 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 vouchers under the company or supervision of a parent or legal guardian, under such person’s Account and otherwise subject to these Terms.
- Multiple Accounts: Every user is only entitled to create one account per person, unless otherwise specify in QBpay General Terms & Conditions. 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 Partners reserve the right to review and investigate all allegations of fraudulent activities and to take any and all measures we and/or our Partner deem necessary to ensure a fair sign up scheme is implemented accordingly.
- 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 (“FAQs”). All such FAQs are hereby incorporated by reference into these Terms. In the event of any inconsistencies or discrepancies between these Terms and the FAQs, these Terms shall prevail. Should you have any questions, please send us an email to [email protected]
4. VOUCHER CODE
- Voucher code is not transferable, exchangeable, convertible or redeemable for cash.
- Voucher code may not be combined or accumulated with other offers or promo codes.
- Voucher code may only be used pursuant to the specific terms that our Partners establish for such voucher code and you must enter the voucher code into the “Voucher Code” field prior to completing the order.
- We reserve the right to withhold, deduct or remove credits or other features or benefits obtained through the use of voucher code by you or any other user in the event that we determine or believe that the use or redemption of the voucher code was in error, fraudulent, illegal or in violation of the applicable promo code terms or these Terms.
- We reserve the right to change, suspend, cancel and/or waive the voucher code and its applicable terms at any time and from time to time in our sole and absolute discretion without notice to you or liability to us.
5. YOUR OBLIGATIONS
- You are solely responsible for your own internet connection/telecommunication charges incurred for accessing and connecting to the Platform.
- You may access and view the Platform and may save an electronic copy or print out a copy of the materials from the Platform, 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 must include all applicable copyright and other notices on the Platform. 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.
- You must comply at all times with any instructions for use of the Platform and/or Service which we make from time to time.
- You must keep your username and/or login password secure and:(a) not permit any other person to use your username 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 username and/or login password, by sending an email to [email protected]
- You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. Prior to redeem in any of the vouchers, you should seek the advice of your doctor or other qualified healthcare professional if you have any concerns or questions about your health. By using the Service and vouchers, you acknowledge and agree that your redemption in any of the vouchers offered by our Partners is entirely at your own risk and you shall have no recourse whatsoever against us and our Partners.
- 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; (b) use the Platform 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; (c) attempt to gain unauthorised access to the Platform, other QBpay 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 or any activities conducted on the Platform; (d) obtain, or attempt to obtain, any information through any means not intentionally made available on or through the Platform; (e) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform; (f) license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way; (g) modify or create a derivative work based on the materials on the Platform, 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 in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Platform; or copy any ideas, features, functions or graphics of the Platform; (h) link to, mirror or frame any portion of the Platform; (i) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform; (j) intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any QBpay users or Partners; and/or (k) permit third parties (including other QBpay users) to use any vouchers redeemed under your own account, unless such vouchers are redeemed for a child’s use, in which case, the child must be accompanied or supervised by you when he/she uses the vouchers.
- 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 Partners, including your breach of any terms set by the Partners or the rights of any third party, including the Partners; (d) any other party’s access and/or use of the Platform and/or Service using your username 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 username and/or login password.
- 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, estoppel or otherwise.
6. INTELLECTUAL PROPERTY
- We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Platform (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.
- 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.
- The terms “QBpay” 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 “QBpay”.
- 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.
- 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.
- Whilst we endeavour to make the Platform available 24 hours a day, we shall not be liable if for any reason the Platform is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Platform 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.
- 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 username 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.
- 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 Partners, such as class times, locations and descriptions; and/or (d) about the quality, suitability, safety or ability of the Partners’ services.
- 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 Partner who provides the vouchers to you.
8. EXCLUSION OF LIABILITY
- 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.
- QBpay shall have zero liability for all the circumstances.
- Our postal address is JuruQuest Consulting Sdn Bhd at 21.04, Level 21, Menara IGB, Lingkaran Syed Putra, 59200 Kuala Lumpur, Malaysia. Our email address is [email protected]
10. SUSPENSION AND TERMINATION
- We reserve the right, in our absolute discretion, to monitor any and all access and use of the Platform and/or Service.
- 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.
- 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.
11. LINKS TO OTHER WEBSITES
- Any links provided on the Platform are provided for your convenience only. Should you leave the Platform via such a link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations, warranties or guarantees arising from usage, custom or trade or by operation of law.
- Any such link to other linked web pages or websites on the Platform does not constitute an endorsement, authorisation, verification or representation that we are affiliated with the operators or owners of those linked websites, or the contents.
- You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
12. THIRD PARTY ADVERTISING
- You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
- If we need to contact you, we may do so by email or by posting a notice on the Platform. Notice will be deemed given 24 hours after email is sent or notice is posted on the Platform. You agree that this satisfies all legal requirements in relation to written communications.
- These Terms, and any dispute relating to these Terms or the Platform and/or Service, shall be governed by and construed in accordance with the laws of Malaysia without regard to the choice or conflicts of law principles of any jurisdiction. Each party submits to the exclusive jurisdiction of the Courts of Malaysia in relation to any disputes or claims arising out of or in connection with these Terms or the Platform and/or Service.
- The seat and venue of the arbitration shall be Malaysia, in the English language and the fees of the Arbitrator shall be borne equally by all the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
- Any cause of action arising out of or in connection with these Terms or the Platform and/or Service must commence within the Limitation Act 1953 after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- For us to waive a right under these Terms, the waiver must be in writing.
- Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5, 6, 7 and 11, continue in force.
- If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid under any enactment or rule of law or by any court in any jurisdiction, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will remain in full force and effect and continue to be binding and enforceable on you.
- These Terms set out everything agreed by the parties relating to your use of the Platform and/or Service and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty, guarantee or agreement relating to the Platform and/or Service that is not expressly set out in these Terms, and no such representation, warranty, guarantee or agreement has any effect from the date you agreed to these Terms.
- You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) our subsidiary or related/affiliated company; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, QBpay or any Partner as a result of these Terms or use of the Platform and/or Service.
14. ENGLISH VERSION TO PREVAIL
- 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.
JuruQuest Customer Care Centre
Unit 901A, Level 9, Tower A, Uptown 5, No.5 Jalan SS21/39 Damansara Uptown, 47400 Petaling Jaya, Selangor Darul Ehsan
Tel: +603 7725 6632