Terms of Use

 

1. THE ACCEPTANCE OF TERMS OF USE
This Web site, its associated mobile application and the services offered on it (the "Service") are owned and operated by Keith & Yong Enterprise PLT (collectively, sometimes referred to as "We", "Us", or "Perkaholic"). Keith & Yong Enterprise PLT is registered in Malaysia, and have our registered address at 107, Jalan Puteri 8/4, 47100 Puchong, Selangor. To contact us, please use the Contact Us page. The Service is provided to you pursuant to the terms and conditions of this Terms of Use and any operating rules or policies that may be published by Perkaholic, as may be amended from time to time (collectively, the "Agreements"). BY USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENTS.
 

 

2. USERS' RESPONSIBILITIES
By consenting to the Agreements, you agree:
 

  • You represent and warrant that you have the capacity to enter into this Agreement relating to the Services;

  • To represent only yourself on the Service, and no other persons, living, dead, or imagined; the Service may only be used by natural persons (i.e., individuals) on their own behalf and not by or on behalf of any commercial entity unless explicitly permitted by Us;

  • To provide accurate information to Us, including, but not limited to information required to register with the Service;

  • To not use the Service to: reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products, or services provided by Us or obtained through the Service without obtaining our express, prior written consent. This restriction includes any attempt to incorporate any information from the Service into any other directory, product, or service.

  • To provide for your own access to the Service, including but not limited to obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges.


 

3. PRIVACY

As part of the Service registration process, you will provide certain personal information to Us. Your personal information will only be used in accordance with our Privacy Policy. We reserve the right to, but we are not obligated to, inform you by email of changes or additions to the Service or of any of our related products and services.

 

4. VENDORS AND GOOD AND SERVICES

4.1.  Perkaholic and your organization will not be liable for any loss or damage incurred as a result of any interaction between you and a vendor accessible through the Service. All matters, including but not limited to delivery of goods and services, returns, and warranties are solely and strictly between you and the vendor.

4.2.  You acknowledge that Perkaholic and your organization do not endorse or warrant the vendors that are accessible through the Service nor the goods and services that they provide.

4.3.  If you have a dispute with one or more vendors or other third parties, you release Perkaholic (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

5. CONTENT AND LINKS

The Service may contain content supplied by third parties and links to Internet sites maintained by third parties. Perkaholic and your organization do not, in any respect, control such content or operate such third-party sites and do not guaranty the availability of any email from or links to third-party sites. Third-party content and links are included solely for the convenience of users, and do not constitute any endorsement by Perkaholic or your organization. Perkaholic and your organization are not responsible for the accuracy or reliability of third-party information and you assume sole responsibility for the use of third-party information.

 

6. MODIFICATIONS TO THE SERVICE, THE AGREEMENTS, AND FEES

6.1.  Perkaholic reserves the right to modify or discontinue the Service at any time without notice to you and Perkaholic shall not be liable to you or any third party should Perkaholic exercise its right to modify or discontinue the Service.

6.2.  Perkaholic reserves the right to modify the Agreements at any time. You are responsible for regularly viewing the Agreements. Continued use of the Service following any such changes will constitute your acceptance of such changes.

6.3.  Perkaholic reserves the right to charge fees at any time for access to all or portions of the Service with your full understanding and acknowledgement of the charge. If Perkaholic so elects, it shall notify you via email and shall post notice in other appropriate locations on the Service.

6.4.  Perkaholic reserves the right to not refund users if the Service is cancelled for any reason before their membership is up.

 

7. OWNERSHIP AND LICENSES

7.1.  All contents of the Service are the property of Perkaholic, participating vendors, or advertisers. The Service content may not be copied, distributed, or transmitted in any way without the prior written consent of Perkaholic; provided that you may download, print, and store a single copy of the Service for personal, non-commercial use. You may not modify the content in any way, nor delete any copyright or trademark notice.

7.2.  Any information, ideas, suggestions, or communications sent by you to Perkaholic through the Service becomes the exclusive property of Perkaholic. Subject to the terms of the Privacy Policy, Perkaholic is entitled to use, reproduce, disclose, and distribute any information submitted for any purpose without restriction or compensation to you.

7.3.  You acknowledge that in order to administer the Service, Perkaholic will collect information about you and your Payment Transactions and your Reward Transactions from participating vendors. You authorize third parties and their respective agents to disclose to us any and all information with respect to your Payment Transaction and Reward Transaction from such participating vendors. In addition, by transacting with any participating vendor by means of any Payment Instrument or other unique account or identifier, you hereby authorize us and our agents to collect any and all information from any merchant, credit card processor, issuing bank, other card issuer or any available source with respect to the Payment Transactions and Reward Transactions made using your Payment Instrument or other unique account or identifier. You authorize us to use any such information and to disclose such information (a) to our representatives and agents, (b) to third parties, where necessary or convenient for transfer or redemption of your accumulated rewards or otherwise in connection with the program, (c) to comply with requests, orders or subpoenas from courts of law or any regulatory, legislative or administrative bodies and (d) otherwise in accordance with the terms of the Perkaholic Privacy Policy on our website. You represent that you have full authority to transact with the Payment Instrument and other unique account or identifier registered in the Service and to receive information about the Payment Transactions and Reward Transactions effected using Payment Instrument identifiers. You authorize us to disclose such Payment Instrument, accounts and identifiers to affiliated and unaffiliated third parties for the purposes set forth in this paragraph, even if you never make use of the service provided by one or more of those third parties.

 

8. ACCOUNT RENEWAL AND TERMINATION

8.1.  An account renewal link will be sent to you annually from your date of account registration.

8.2.  Perkaholic may immediately terminate your registration for any reason at any time. Upon termination, you will cease to use the Service.

8.3.  Perkaholic reserves the right to limit your access to, change, withdraw, suspend or discontinue the Services (or a part of them) at any time, at our sole discretion, without providing notice to you. We may do so, for example, if we are no longer able to provide a Service, if user feedback suggests that we need to make a change, due to technology improvements, or if our third-party service providers stop permitting us to use or provide access to their resources.

8.4.  If your Perkaholic user account or the Services are terminated, your right to access and use the Services and Your Content immediately ends and any licenses granted under this Agreement shall terminate.

 

8.5.  You may terminate your registration by contacting Customer Service.
 

 

9. DUPLICATE USER ACCOUNTS

User accounts must be registered in your own valid email address. You may only open one account on Perkaholic. Holding other accounts with us, whether with the same or alternative email addresses, is against the terms of the site and we reserve the rights to the following actions:

  • Accounts will be labelled as "Duplicate Accounts" and may be closed by us immediately, without warning.

  • Any pending transactions may be cancelled.

  • All related accounts may be closed and locked.

  • We reserve the right to investigate further.

  • We also reserve the right to take any other lawful action in our sole discretion.

10. OFFER CODES AND DISCOUNTS

All offers listed on the site, whether through codes, directly from a link or otherwise, are provided in good faith from the Merchant or a party representing them, including, but not limited, to Advertising Agencies and Affiliate representatives.

 

These codes are provided to Perkaholic solely for their use on Perkaholic and should not be posted elsewhere. Sharing offers and codes outside of Perkaholic is strictly prohibited and may lead to the closure of an account.

Whilst we endeavor to ensure all discounts work as expected, from time to time codes, discounts and links may not work. Perkaholic makes no guarantee that the offer will work and if the offer does not work as expected users should not purchase, as Perkaholic will not be liable to honor any previously advertised discount.

 

11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

11.1.  You expressly agree that you use the Services at your sole risk. Neither Perkaholic or its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that the Services will be uninterrupted or error free; not do they make any warranty as to the results that may be obtained from use of the Services, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Services. The Services are provided on an "as is" basis: to the maximum extent permitted by law, Perkaholic disclaims all representations and warranties express or implied, with respect to any information, services, products, and materials, including but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Perkaholic does not represent or warrant that the information accessible via the site is accurate, complete, or current. We are not responsible for typographical errors regardless of source. This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, commission, interruption, unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under conduct of other users or third-parties and that the risk of injury or harm from the foregoing rests entirely with you.

11.2.  Perkaholic shall not be liable for any direct, indirect, speculative damages, or damages of any kind arising from: (a) the use of the Service; (b) or for the cost of procurement of substitute goods or services; (c) or resulting from any goods or services purchased or otherwise obtained or received or transactions entered into through or from the Service; (d) or resulting from unauthorized access to or alteration of your transmission of data, including without limiting the foregoing, consequential, incidental, and special damages, regardless whether there was any advance notice of the possibility of any such damages.

 

11.3.  Perkaholic shall not be liable for any direct, indirect, speculative damages, or damages of any kind arising from interruption, suspension or termination of service, including, without limiting the foregoing, consequential, incidental, and special damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent, regardless whether there was advance notice of the possibility of any such damages.

 

11.4.  If anyone brings a claim against us in relation to your actions from the use of the Service, you will indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim. We are not responsible for the conduct, whether online or offline, of any user of Perkaholic.
 

 

12. REVIEW AND OTHER CONTENT 

12.1.  Except as otherwise provided elsewhere in these Agreement or in the Services, anything that you submit or post and/or provide Perkaholic, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and Perkaholic shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Perkaholic and shall not be returned to you.

 

12.2.  In addition to the rights applicable to any Submission, when you post comments or reviews via the Services, you also grant Perkaholic the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post via the Services and that use of your reviews, comments, or other Content by Perkaholic will not infringe upon or violate the rights of any third party.

 

12.3.  You are entirely responsible for such Submission. You agree not to transmit, upload, post, e-mail or otherwise make available via the Services any Submission that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass, entrap or harm any third party; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about others.

 

12.4.  You understand that by using the Service's, you may be exposed to other people's submissions that are offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any submission, including, without limitation, for any errors or omissions or for any loss or damage of any kind incurred by you as a result of the use of any submission transmitted, uploaded, posted, e-mailed, or otherwise made available via the Services.

 

 

13.1 MISCELLANEOUS

13.1.    This Agreement is written in English. To the extent that any translated version of this Agreement conflicts with the English version, the English version controls.

 

13.2.    The Agreements comprise the entire agreement between you and Perkaholic and supersede all prior agreements between the parties regarding the subject matter contained herein. You confirm that you have not relied on any prior representations or agreements. Headings are for reference purposes only and do not form part of this Agreement. Any waiver of any provision of the Agreements will be effective only if in writing and signed by Perkaholic.

 

13.3.    If a court of competent jurisdiction finds any provision or portion of the Agreements to be unenforceable, the remaining provisions of the Agreements will continue in full force and effect.

 

13.4.    Any notices to you or Perkaholic shall be made via either email or regular mail. Perkaholic may also provide notices of changes to the Agreements or any other matter by displaying notices to you generally on the Service.

 

Last Updated: 12 August 2021