- Welcome to Meembar (the “Application”). These terms and conditions (“Terms and Conditions”) apply to the Application operated by Meembar Sdn. Bhd. (1100915-A), a company incorporated in Malaysia having its business address at Wisma UOA II, Suite 10-10, No. 21, Jalan Pinang, 50450 Kuala Lumpur, Malaysia (“the Company”) and all of its divisions, subsidiaries, and affiliate operated mobile application and Internet sites which reference these Terms and Conditions.
- By accessing and using the Application, you confirm your understanding and acceptance of the Terms and Conditions. The Application reserves the right, to change, modify, add or remove portions of these Terms and Conditions of use at any time. Changes are deemed effective and binding when posted on the Application with no other notice provided. Your usage of the Application constitutes your acceptance of all terms and conditions and any of its changes.
2. OTHER AGREEMENTS
- For the purposes of these Terms and Conditions, any reference to “Meembar” or “we”, “us” or “our” in these Terms and Conditions shall be deemed to mean Meembar Sdn. Bhd., and any reference to applicable services under these Terms and Conditions shall also include our services.
3. YOUR INFORMATION
4. LICENSE AND ACCESS
- Provided that you comply with these Terms and Conditions, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, royalty-free and revocable licence under the Terms and Conditions described to access and use information in the Application as a halal travel guide. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
- Content provided in this Application is solely for informational purposes. Certain services and related features that may be made available on the Application may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Application is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your usage of the mobile application or Internet site.
- All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us, our Affiliates or our licensors, suppliers, publishers, rights holders or other content providers as applicable. Our Application, or any part of our Application, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose and in any case without our consent. Your use of any intellectual property rights belonging to us, or our Affiliates, licensors, suppliers, publishers, rights holders or content providers is subject to these Terms and Conditions.
- Any goodwill accruing out of the use of our and our Affiliates’ trademarks, trade and business names and service marks under these Terms and Conditions will vest in us and our Affiliates, as the case may be.
- We reserve the right to refuse to provide the services in our Application to anyone for any reason, in our sole and absolute discretion without being obliged to provide you with any reason or notification.
5. USER SUBMISSIONS
Anything that you submit in our Application and/or provide, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property. In addition to the rights applicable to any Submission, when you post information, comments or reviews in our Application, you also grant us the right to use the name that you submit, in connection with such information, comment, review or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
6. YOUR OBLIGATIONS AND USE OF THE SERVICES
- In order to use the Application you must have a Meembar account and you must comply with the requirements as set out in these Terms. If you do not comply with these requirements at any point you must cease using the Application immediately and to the extent permitted under applicable law, you shall be liable for any legal consequences, including costs, losses or damages which we may suffer or incur as a result.
- You are responsible for maintaining the confidentiality of your Meembar account and for restricting access to your account in accordance with our Terms, including notifying us of any actual or suspected unauthorised use. Please note that until you tell us of any actual or suspected unauthorised use we will not be liable for any unauthorised transactions conducted via your account. You are responsible for ensuring that the details you provide to us are correct and complete, and for letting us know of any changes to the information you have provided. You can access and update the information you have provided to us, including your account settings, via the interface on your Meembar account.
- You must not use the Services: (a) in any way that causes, or is likely to cause, the Services, or any access to the Services, to be interrupted, damaged or impaired in any way; or (b) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
- You hereby acknowledge and agree that sellers and/or service providers, and not us or our Affiliates, are responsible for accurately listing their services and/or packages and you are responsible for reading the description of the services and/or packages listed by sellers and/or service providers and making your own judgments before making a purchase. All sales are binding and you agree to perform all your obligations in relation to such sale unless there are exceptional circumstances.
7. WARRANTY AND DISCLAIMER
- Our Application is provided to you on an “as is”, “where-is” basis based on existing technology, however, we warrant to you that we will provide the service via our Application using reasonable skill and care. We make no other representations or warranties of any kind, express or implied, including without limitation: (a) implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) that the Application will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error; (c) that information, content, materials or products and/or services included on or available through the Application is completely accurate and reliable and will be as represented by other users, sellers and/or service providers, available for sale at the time of listing, lawful to sell, or that sellers and/or service providers will perform as promised; (d) any implied warranty arising from course of dealing or usage of trade; (e) any implied obligation, liability, right, claim or remedy under contract; and (f) any obligation, liability, right, claim or remedy in tort, whether or not arising from our negligence, in equity, or otherwise. To the fullest extent permissible under applicable law, we disclaim any and all such warranties.
- You warrant that all content delivered or disseminated by you is derived from legitimate sources and are owned by you or authorised by the legal owner to be used by you.
8. OUR ROLE
- We will assist in providing user-inputted, authenticated or recommended information about Halal eateries, Mosques or Musollah, Hotels or Rest Places through the Meembar interface, but we are not the provider of any such goods or services that are the subject of a transaction carried out as a result of using our Application. Any agreement for the sale of any products and/or services is solely between you, as the buyer, and the seller and/or service provider. We are not a party to that agreement and we do not have any responsibility in connection with it.
- Please note that we do not directly provide the payment services for sales or purchases conducted on the Meembar interface. The payment services are performed by a third party payment provider (the “Payments Provider”).
9. YOUR RIGHTS AND OBLIGATIONS
- You shall have the right to use the Application in accordance with these Terms to search, access and use information relating to Halal eateries, accommodations, resting places, places of worship and other activities focused on Halal lifestyle.
- In addition to the restrictions set out in these Terms, you must not use the Application:
- to cause or potentially cause any unreasonable or disproportionate burden on the Application;
- to interfere or attempt to interfere with the Application or our ability to provide services through the Application; or
- to manipulate any transactions carried out via the Application in any manner that is unfair to other participants or users of the Application or in any manner that is contrary to applicable law.
- You irrevocably authorise us to assist in the settlement of disputes arising from your use of the Application which may include instructing the Payments Provider to request that your bank transfer money or charge or debit your credit or debit card and transfer all or part of such disputed funds to a disputing party (subject to a reversion of the transfer depending on the final outcome of the dispute). In such event, you shall indemnify us for any liabilities arising out of our decision.
- You may report any illegal activities or any violation of applicable laws by other users of the Services by contacting us at +603-21711128.
10. OUR RIGHTS AND OBLIGATIONS
- As set out in the Terms, we retain the right to suspend or terminate the Application, prevent or restrict access to the Application, take any other action to restrict access to or availability of the Application, or remove any objectionable material or content in the Application.
- We may, if we consider appropriate, immediately suspend or terminate the Application, prevent or restrict access to Application, or take any other action to restrict access to or availability of the Application, or remove any objectionable material or content, reviews, feedback, ratings, inaccurate information, listings and/or descriptions, inappropriately categorised goods and/or services, unlawful goods and/or services or goods and/or services prohibited for listing in the Application. We reserve the right and have absolute discretion but not an obligation, to remove, screen or edit any content that breaches the provisions of these Terms or is otherwise objectionable or contrary to any applicable laws. Without prejudice to the generality of the rights in this clause, and to any other rights that we may have in these Terms or other agreements between you and an Affiliate or pursuant to applicable laws, we reserve the right in our sole and absolute discretion to refuse publishing user-inputted information or to immediately remove any information which we object to or to suspend or terminate the Application if we regard you as making inappropriate use of your Meembar account.
- You acknowledge and agree that we are entitled to offer cooperation and provide information, including information about or provided by you, to any administrative or judicial authority.
11. TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered in the Application, information content in the Application and all the designs including but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement and all software compilations, underlying source code and software shall remain our property. The entire contents of the Application also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
- We may provide you with options to close or minimise advertisements in the Application, but you must not in any way screen or filter the advertisements in any manner not expressly permitted by us in writing.
- Save as required by applicable laws, we shall have no liability for any loss or damage incurred or suffered by you arising from transactions you enter into in reliance upon such advertisements or promotional and marketing information.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Terms and Conditions, you shall immediately cease all access to and use of the Application and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Application in whole or in part. Any termination of these Terms and Conditions shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Company shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Application or with any terms, conditions, rules, policies, guidelines, or with the Company in operating the Application, your sole and exclusive remedy is to discontinue using the Application.
14. PRICE AND DELIVERY OF GOODS AND/OR SERVICES
When using the Application, the price you will pay for your purchase is a fixed price denominated in the local currency of the seller and/or service provider (the “Purchase Currency”). You may also be informed of an approximate value in your local currency of the actual Purchase Currency price for your purchase. The approximate local currency price uses historical, not real-time, currency exchange rates and is only an approximation of the value of the Purchase Currency price for your purchase. If the credit or debit card you use to pay for your purchase is not denominated in the Purchase Currency, the amount you pay will be your local currency equivalent (as determined by your credit or debit card issuer) of the actual Purchase Currency price. Your credit or debit card issuer may also charge you other fees (including but not limited to currency conversion and/or transaction fees) for you making a purchase in the Purchase Currency rather than your local currency. You are solely responsible for any charges or fees imposed by your debit or credit card issuer for your use of the Application. We and our Affiliates shall not be responsible or liable for any exchange rate used by your debit or credit card issuer or other fees charged by your debit or credit card issuer.
- DELIVERY OF GOODS
The delivery of goods and/or the performance of any services transacted through the Application shall be agreed upon separately between you and the seller and/or service provider and we will not be liable or responsible to you in any way for the delivery of such goods and/or performance of any such services.If a dispute arises in relation to goods and services, including in relation to disputes regarding the price and/or quality of goods and/or services bought via the Application, such dispute shall be resolved by you and the seller and/or service provider only, without any involvement from us. You hereby release us (and our Affiliates, Payments Provider, employees, representatives and agents) from claims, demands and damages (actual, direct, consequential or otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. However, we will have the right, in our sole discretion, to facilitate and assist in such disputes, but we will not in any way be a party or be deemed to be a party to such disputes.
15. PAID SERVICE
- Certain functions in the Application are paid services. If you use those paid services, you will be charged a fee.
- We may make amendments and changes, in our absolute discretion, to the amount of fees charged and the method of payment in relation to the paid services. We may also impose fees on any existing free-of-charge services. Prior to such changes, we will make an announcement or notification. If you disagree with such amendment or change you must immediately stop using the relevant service.
16. COMPLIANCE WITH LAWS
- You are solely responsible for understanding and complying with all applicable laws and regulations in accordance with these Terms in relation to your use of the Application. You must not use the Application in any way which breaches applicable laws.
- If the country or region in which you are located prohibits or restricts all or any part of the Application, you must immediately cease using the Application.
17. OUR LIABILITY
- We will use reasonable care to ensure that the Application will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, we are unable to provide any guarantees in this regard. In addition, you acknowledge and agree that your access to the Application may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
- To the extent permitted by applicable laws and regulations, in no event will we or our Affiliates be liable or responsible for:
- any losses or damages that were caused by any natural disaster or other circumstance beyond our reasonable control;
- any computer virus, trojan horse or other damage caused by malware or hackers;
- any malfunction or failure of our or your software, system, hardware or connectivity;
- losses that were not caused by any breach of these Terms by us;
- risks and losses caused by your non-compliance with any applicable laws and/or these Terms;
- any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
- any indirect or consequential losses (regardless of whether or not such indirect or consequential losses are foreseeable to us) or any incidental, punitive, special and consequential damages,
- in each case, arising out of or in connection with these Terms, any other agreements which apply to the Application, the services or information in the Application, your inability to use the Application or in connection with any goods or services purchased or obtained or messages/information received or transactions paid for through the Application, whether or not we have been advised of the possibility of such damage.
- We will not be liable for any currency depreciation, foreign exchange loss, loss of interest and other risks in relation to the amount kept, collected or paid on your behalf or incurred as a result of using the Application. We are not required to pay to you any interest accrued thereon and you agree that the we, or the Payments Provider, shall be entitled to retain any such interest.
- To the fullest extent permitted by applicable law, we will not be liable to you for the interruption or disruption of the Application or any possible losses to you in any circumstance which is not reasonably foreseeable by us (which exemption includes liability that would otherwise arise for any direct loss).
- To the fullest extent permitted by applicable law, we will be exempted from any liabilities in relation to the following risks which you may encounter:
- information with threatening, defamatory or illegal content including from anonymous sources or someone using a fake or fictitious name;
- you being misled or deceived by any person which results in psychological or physical harm and/or economic loss;
- your computer system being destroyed, paralysed or unable to operate in normal condition;
- credit or debit card fraud; or
- identity theft.
- Upon receipt of your payment instruction, you authorise us to allow the Payments Provider, or our or the Payments Provider’s bank or third party partners, service providers or agents, to charge or debit from your debit or credit card the amount that you requested be paid according to your payment instruction. In such event, you shall not submit a request to us for a refund, and we will have no liability to you, in connection with any actual or purported payment instruction, by reason of unsigned receipt, inconsistent signature, or the transaction not being in accordance with your intention or for any other reason. You also authorise us, the Payments Provider and our or the Payments Provider’s bank or third party partners, service providers or agents to initiate credits, debits or other charges to your debit or credit card to process subsequent refunds, chargebacks or other adjustments related to you payment transaction.
- You hereby release us (and our Affiliates, employees, representatives and agents) from claims, demands and damages (actual, direct, consequential or otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute in relation to any purchase or sale of goods or services or any information obtained or relied on through the Meembar interface.
- We do not guarantee the legality, authenticity or quality of the information, goods and/or services via the Application, nor do we guarantee your ability to complete a transaction with a seller and/or service provider. We will not be liable to compensate or indemnify you for any loss suffered by you arising from the authenticity or quality of the information, goods and/or services accessed, used and/or bought by you via the Application.
- Nothing in these terms and conditions limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
- any liability for death or personal injury caused by either Party’s negligence;
- any liability for fraud or fraudulent misrepresentation;
- any liability for wilful misconduct; or
- any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
- Nothing in these conditions affect your legal statutory rights (to the extent applicable) to have goods sent or services provided to you by the relevant seller and/or service provider within a reasonable time or to receive a refund from the relevant seller and/or service provider if goods or services ordered cannot be supplied by the relevant seller and/or service provider within a reasonable time.
- To the extent permitted by applicable law, you agree that you (and your organisation, if you are using the Application on behalf of such organisation) will indemnify us, our partners, and our Affiliates from and against any claim, suit, action, demand, damage, debt, loss, cost, expense (including litigation costs and attorneys’ fees) and liability arising from: (i) your use of the Application; or (ii) your breach of these terms and conditions.
18. INTERRUPTION, SUSPENSION AND TERMINATION OF THE SERVICES
- Without limiting the generality of Clause 17(i), we may suspend, interrupt or terminate or impose limitations on your use of the Application in accordance with our business or risk control requirements or those of our Affiliates, including the Payments Provider.
- We are entitled to interrupt, suspend or terminate the Application without notice in the following circumstances where:
- you provide us with false or incorrect information;
- you violate applicable laws or the provisions of these Terms;
- the Application is required to be interrupted, suspended or terminated by the provisions of applicable laws or by competent authorities;
- you infringe the lawful rights and interests of third parties;
- the Application is required to be interrupted, suspended or terminated for security reasons;
- we suspect that the Meembar account that you are using is not legally owned by you; or
- you fail to pay us for any services for which a fee is charged.
- For the avoidance of doubt, the exercise by us of any of our suspension or termination rights under these Terms shall be without any liability to you and without prejudice to any other right or remedy available to us under these Terms or applicable laws.
- The provisions of these Terms, which by their nature and content, are intended, expressly or impliedly, to continue to have effect after the termination or expiration of these Terms shall survive and continue to bind you and us.
- Where we suspend or terminate the Application as a result of a breach by you, we may instruct the Payments Provider to instruct your bank to transfer money or charge or debit your credit card to settle your obligations. In such event, you agree not to hold us or the Payments Provider liable for such actions.
19. ALTERATIONS TO THE APPLICATION OR AMENDMENTS TO THIS TERMS AND CONDITIONS OF USE
We may make changes to these Terms at any time. You will be subject to the terms and conditions of these Terms in force at the time when you use the Application. If you continue using the Application after any amendment to or change of these Terms, you shall be deemed to have read, understood and agreed to such amendment or change. If you disagree, you must immediately stop using the Application.
20. ELECTRONIC COMMUNICATIONS
We will communicate with you by e-mail or by posting notifications on the Meembar interface. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notifications, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless applicable laws specifically require a different form of communication.
21. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any dispute or claim arising out of or in connection with it shall be governed by the laws of Malaysia. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered in the Kuala Lumpur Regional Centre for Arbitration (KLRCA) by a sole arbitrator agreed between the parties, and in accordance with the rules of the KLRCA. If the parties fail to agree on the appointment of the sole arbitrator within 30 days of first proposal by any party, the arbitration will be conducted by a sole arbitrator appointed by the Director of the KLRCA. The arbitration proceedings shall be conducted in English.
- The headings of these Terms and of the clauses are inserted for convenience only and shall not be relied upon in interpreting these Terms. Any agreement amending, supplementing, novating or restating these Terms shall form an integral part of these Terms and have the same legal effect.
- If any of the terms and conditions contained in these Terms is deemed to be invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
23. IMPORTANT NOTE
You shall not assign your rights or transfer by way of novation your rights and obligations under these Terms without our prior written consent. We may assign our rights under these Terms without your prior consent. We may assign our rights or transfer by way of novation our rights and obligations under these Terms without your prior consent and you hereby consent to any such transfer. You agree that in the event of any assignment or novation by us, including without limitation, in connection with an acquisition of us or our assets, we are authorised to transfer any or all of your data relating to the Application.