These Terms of Service apply to all users of the GoWhere MALAYSIA Service. Information provided by us through the GoWhere MALAYSIA Service may contain links to third party websites that are not owned or controlled by GoWhere MALAYSIA. Such linked third party websites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. GoWhere MALAYSIA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Also, GoWhere MALAYSIA does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the Site. In addition, GoWhere MALAYSIA will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that GoWhere MALAYSIA shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect GoWhere MALAYSIA’s position or belief.
Errors, Corrections, and Right to Modify or Discontinue Service and Sites
We do not represent or warrant that the GoWhere MALAYSIA Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the GoWhere MALAYSIA Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the GoWhere MALAYSIA Site at any time. We reserve the right in our sole discretion to edit, amend, alter, add or delete any documents, information or other content appearing on the Site. GoWhere MALAYSIA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or the GoWhere MALAYSIA Site (or any part thereof) with or without notice. GoWhere MALAYSIA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or the GoWhere MALAYSIA Site (or any part thereof).
GoWhere Malaysia Access
- Subject to your compliance with these Terms of Service, GoWhere MALAYSIA hereby grants you permission to use the Service, provided that:
- Your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or utilise the service in any other manner inconsistent with these Terms of Service;
- you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without GoWhere MALAYSIA’s prior written authorization (which may be withheld, or given under such conditions as GoWhere MALAYSIA may think fit);
- You will not attempt to reverse engineer, alter or modify any part of the Service;
- In order to access and use the features of the Service, you acknowledge and agree that you will have to provide GoWhere MALAYSIA with your mobile phone number. You must notify GoWhere MALAYSIA immediately of any breach of security or unauthorized use of your mobile phone. For the avoidance of doubt it is clarified that, GoWhere MALAYSIA is not liable for any loss or damage caused by any unauthorized use of your account by a third party.,.
- You agree not to use, upload, post or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Application or of any computer software, hardware, or telecommunications equipment. You also agree to not decipher, decompile, disassemble, use sniffers (except Ethereal, tcpdump or HTTPWatch in general) or reverse engineer any of the software comprising or in any way making up part of the Application. We have to disallow use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the Application. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service. You agree not to create any data back up of the content that is available to you by use of the GoWhere MALAYSIA Site or GoWhere MALAYSIA Mobile App. or use of GoWhere MALAYSIA Service that is available through any other mediums.
- GoWhere MALAYSIA will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors beyond GoWhere MALAYSIA’s reasonable control.
- GoWhere MALAYSIA does not assume any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
- GoWhere MALAYSIA will not be responsible for any support or maintenance for the Application.
In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).
- The Software Requirements for downloading the GoWhere MALAYSIA Mobile App would vary as per the mobile platform. The GoWhere MALAYSIA Mobile App would be available in English Language as of now.
- The version of the Application software may be upgraded from time to time to add support for new functions and services.
Intellectual Property Rights
The GoWhere MALAYSIA company names, logos, all related products and service names, design marks, slogans, trademarks, service marks, copyright, database rights (and other intellectual property rights of whatsoever nature in the Application) together with the underlying software code in the App (“Intellectual Property”) is owned by or used under license by GoWhere MALAYSIA or its subsidiaries or affiliate companies. All other Intellectual Properties herein are the property of their respective owners. All reproduction or copies that you make of the Materials on any of the Media (where Media includes text, images, logos, videos, ratings, reviews)must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied. You are not authorized to use GoWhere MALAYSIA’s Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GoWhere MALAYSIA.
For the avoidance of doubt, it is clarified that, by accepting these terms, you hereby waive all rights including intellectual property rights and also “moral rights” in the Reviews, Ratings and Comments posted by you at the GoWhere MALAYSIA Site through any of mediums of GoWhere MALAYSIA and that GoWhere MALAYSIA is free to use all such Review, Ratings and Comments as per its (GoWhere MALAYSIA’s) requirements from time to time.
User Submissions & Specific Features
You further agree that you will not:
- Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful legal owner to post the material and to grant GoWhere MALAYSIA all of the license rights granted herein;
- Publish falsehoods or misrepresentations that could damage GoWhere MALAYSIA or any third party;
- Submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Impersonate another person in any form of your usage of the Services;
- Send, disseminate or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- Interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
- Attempt to gain unauthorized access to the Service or its related systems or networks.
- Publish falsehoods or misrepresentations that could damage GoWhere MALAYSIA or any third party;A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Adult content must be identified as such. GoWhere MALAYSIA does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and GoWhere MALAYSIA expressly disclaims any and all liability in connection with ratings and/or submissions (where submissions means user Generated content – images, rating, reviews, Ads etc.)
- GoWhere MALAYSIA does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and GoWhere MALAYSIA will remove all content and Ratings and/or Reviews if properly notified that such content infringes on another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the GoWhere MALAYSIA Mobile App user allegedly infringing the copyrighted work;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate andthat the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at support@GoWhere.my. GoWhere MALAYSIA reserves the right to remove contents without prior notice. GoWhere MALAYSIA may by using its reasonable discretion also terminate a user’s access to the Service, if they are determined to be a repeat infringer, or for any reason whatsoever., A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a content removed from the Service more than once. GoWhere MALAYSIA also reserves the right to decide whether content or a Rating and/or Review is appropriate and whether it/they are in compliance with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. GoWhere MALAYSIA may remove such contents and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
- GoWhere MALAYSIA reserves the right to discontinue any aspect of the GoWhere MALAYSIA Service at any time.
- Right, But Not Obligation, to monitor Submissions: GoWhere MALAYSIA does not and shall not have any obligation to perform review of the Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right, in our sole discretion, to review any or all Submissions. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.
- Your use of Submissions Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Submissions posted by others except as expressly set forth in these Terms of Service.
THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO GoWhere MALAYSIA) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GoWhere MALAYSIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GoWhere MALAYSIA DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. GoWhere MALAYSIA DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GoWhere MALAYSIA DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION. IN NO EVENT SHALL GoWhere MALAYSIA BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF USE OF MONEY, LOSS OF OPPORTUNITY OR LOSS OF DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF GoWhere MALAYSIA IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. GoWhere MALAYSIA DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Users using any of GoWhere MALAYSIA service across the following mediums i.e. through internet i.e. www.GoWhere.my Website, SMS,USSD, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser (where Advertiser means end user posting an ad on GoWhere MALAYSIA platform to sell/rent out any goods or services)listed with GoWhere MALAYSIA. All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bona fides of the Advertiser/s and GoWhere MALAYSIA does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with GoWhere MALAYSIA. Further, GoWhere MALAYSIA shall not in any way be responsible for any act of Advertiser/s listed at GoWhere MALAYSIA.
Limitation of Liability
IN NO EVENT SHALL GoWhere MALAYSIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY,
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GoWhere MALAYSIA CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR
YOU SPECIFICALLY ACKNOWLEDGE THAT GoWhere MALAYSIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU
You agree to defend, indemnify and hold harmless GoWhere MALAYSIA officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the GoWhere MALAYSIA Service;
- Your violation of any term of these Terms of Service;
- Your violation of any third party right, including without limitation any copyright, property ,patent or privacy right; or
- Breach of confidence or privilege or breach of any law or regulation whatsoever arising from, including but not limited to, any material transmitted, received or stored via any Service(s),
- Any claim that one of your Ratings and/or Reviews or Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the GoWhere MALAYSIA Service.
This indemnity provision is for the benefit of GoWhere MALAYSIA and its officers, directors, employees and agents. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
These Terms of Service will be governed by and construed in accordance with the laws of Malaysia, without giving effect to its conflict of laws’ provisions or your actual state or country of residence, and you agree to submit to exclusive jurisdiction of the Malaysian Courts. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms will continue in full force and effect. GoWhere MALAYSIA reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. GoWhere MALAYSIA reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service.
Without limiting the generality of any provision in the Terms of Service, GoWhere MALAYSIA, its Related Corporations, and/or third parties who contribute to the Service(s) shall not be liable for any failure to perform their obligations herein when such failure is caused by force majeure events outside their control, including but not limited to an Act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Governmentor any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods.
The Information GoWhere Malaysia Collects
GoWhere MALAYSIA may obtain the following types of Personal Data from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below:
- Certain personally identifiable information belonging to you, such as your mobile phone number, and mobile device information to GoWhere MALAYSIA which are provided to us when you choose to participate and/or utilise the various uses of the GoWhere MALAYSIA Service, such as your registration as a user, and viewing ratings of contacts in your address book. In order to provide the GoWhere MALAYSIA Service, GoWhere MALAYSIA will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers that have been used to avail GoWhere MALAYSIA services and to provide ratings of establishments which GoWhere MALAYSIA receives from the users of these mobile numbers. GoWhere MALAYSIA may access your location information to provide search results based on your geo location. This allows the relevant software to provide you with the relevant search results. Location data gathered from a mobile phone is used only to provide search results and will not be used in any other manner whatsoever.
The Information GoWhere Malaysia Does Not Collect
GoWhere MALAYSIA does not collect addresses or other contact information from its Users’ mobile address book or contact lists other than names and mobile phone numbers.. GoWhere MALAYSIA App integrates with Facebook Software Development Kit and may send aggregate usage statistics to Facebook from time to time. Usage of information sent to Facebook is governed by Facebook’s data usage policies which can be found at www.facebook.com/about/privacy .
The Way GoWhere Malaysia Uses Information
If you submit personally identifiable information to us through the GoWhere MALAYSIA Site, or GoWhere MALAYSIA Service, then GoWhere MALAYSIA may use your Personal Data to operate, maintain, and provide to you the features and functionality of the GoWhere MALAYSIA Site and GoWhere MALAYSIA Service. In particular, your mobile phone number is essential to enable GoWhere MALAYSIA to provide you with the GoWhere MALAYSIA Service
Where are the ratings shown?
Ratings are shown in the following ways on GoWhere Malaysia:
- Ratings are displayed on various places on the website, mobile site and mobile applications in pages such as the overall ratings count page, search results pages, company details pages etc. User information such as mobile phone number is masked and personally identifiable information is not displayed unless the User has registered an account with GoWhere MALAYSIA.
- Remember information so that you will not have to re-enter it during your visit or the next time you use GoWhere MALAYSIA;
- Provide custom, personalized content and information;
- Monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and
- Track your entries, submissions, views and such.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GoWhere Malasyia has no control over such sites and resources, you acknowledge and agree that GoWhere Malaysia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GoWhere Malaysia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Our Commitment to Data Security
GoWhere MALAYSIA uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Data. We cannot, however, ensure or warrant the security of any information you transmit to GoWhere MALAYSIA and you do so at your own risk.