Terms of Service
TERMS AND CONDITIONS FOR THE USE OF PERKAHOLIC SERVICES
i. “Perkaholic” means Keith & Yong Enterprise PLT
ii. “Fees” means the subscription fees due for the Services
iii. “IPR” means intellectual property rights
iv. “We / Our / Ours / Us” refers to Perkaholic and its related corporations and their respective officers, servants or agents
v. “Services” means the Perkaholic products and services you have applied for or are using, including but not limited to employee deals platform service provided by Perkaholic, including without limitation mobile applications and web applications
vi. “Platform” means any computer software or programs or mobile application software you use for the delivery of the Services including without limitation any part of the Perkaholic website.
vii. “Offers” means any form of exclusive deals, discounts or pricing offered to the End Users by a Merchant through the Platform
viii. “Merchant” means a provider which agreed to participate in the Platform to provide Offers to You and Your authorised users through its retail stores, catalogs, website, and/or other channels
ix. “Subscription Period” refers to the applicable renewable periodic length of time you are authorised to use the Services and for which the applicable Fees (if any) have been either paid in advance or will be paid in arrears (for example 1 month, 2 months, 6 months, 12 months, 24 months)
x. “You / Your / Yours” refers to you, your agents and end users of the Services
2. These Terms and Conditions of Use (“Terms”) are a contract between You and Perkaholic and govern Your use of the Services offered and provided by Perkaholic, Our website at www.perkaholic.com.my (including any subdomains).
3. By accepting these Terms, by accessing or using the Services or any website operated by Us, or by authorising or permitting any agent or end-user to access or use the Services, You agree to be bound by these Terms.
4. If You are entering into these Terms on behalf of a company, organisation or other legal entity, that entity is bound by these Terms and You are representing that You have authority to bind the entity and its affiliates to these Terms.
5. In consideration of the fees paid to Perkaholic, and subject to these Terms You as customer have a nonexclusive, non-transferable subscription to use the Services in accordance with these Terms for 1 Subscription Period and thereafter for further successive Subscription Periods subject to payment of the then current Fees prior to the commencement or directly following the conclusion of each Subscription Period, as applicable.
6. As part of the Services, We may offer varying subscription modules including but not limited to the following tiers:
i. Standard (for company, organisation or other legal entity with 20 employees or less)
ii. Enterprise (for company, organisation or other legal entity with more than 20 employees)
We reserve the right to display advertising or offer other subscription module to existing or prospective customers and end users.
7. Subject to these Terms, Perkaholic grants to You a non-exclusive, non-transferable, limited licence to use the Platform solely for the purpose of accessing and using the Services in accordance with these Terms during any Subscription Period.
GENERAL CONDITIONS AND RESTRICTIONS
8. Without prejudice to the other provisions of these Terms, the subscription granted is subject to the following conditions:
i. To the extent permitted by law, You shall not decompile, reverse engineer, disassemble or otherwise derive the source code of the Platform, nor permit any third party to do so, nor alter or modify the Platform without the written consent of Perkaholic.
ii. The subscription to use the Services or the Platform may not be transferred to any third party without the prior written consent of Perkaholic and will be subject to a third party entering into an agreement with Perkaholic to do so.
iii. You are responsible for compliance with the provisions of these Terms by Your agents and authorised users and for any and all activities that occur under Your account.
iv. You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to or access the Services and Platform. You are responsible for ensuring that any such equipment is compatible with the Services and Platform.
v. You and Your authorised users are solely responsible for maintaining the confidentiality of all login credentials for Your account.
vi. You shall comply with any codes of conduct, policies, guidelines or other notices implemented by Perkaholic or published on Our website from time to time in connection with the Services.
vii. In accessing the Service, You shall not impersonate any other person or entity, including without limitation any representative of Perkaholic.
9. You as customer agree that You will:
i. ensure that Your authorised users use the Services and the Platform in accordance with these Terms;
ii. provide true, accurate and complete information as required by Perkaholic;
iii. provide to Perkaholic promptly on request such information and documents as We reasonably require for the provision of the Services;
iv. indemnify Perkaholic, keep Perkaholic indemnified and hold Perkaholic harmless from and against all claims, liabilities, proceedings, costs, damages, losses, or expenses incurred by Perkaholic or a third party caused by, or in any way connected with Your use of the Platform or Service, or the unauthorised use of the Platform or Services by any third party engaged by the You, whether through a breach of these Terms or any other negligent or wilful act.
11. All Offers listed on the Platform, whether through codes, directly from a link or otherwise, are provided in good faith from the Merchant or a party representing them.
12. Whilst We endeavor to ensure all discounts work as expected, from time-to-time codes, discounts and links may not work. We make no guarantee that the offer will work and if the offer does not work as expected, We will not be liable to honor any previously advertised discount.
13. From time to time the Services may link to third party products, applications, websites or services (“Third Party Services”). If You decide to access or enable Third Party Services, Your access and use of such Third Party Services is governed solely by the terms and conditions of such Third Party Services. This includes external services for processing payment.
14. Perkaholic makes no representation as to any aspect of Third Party Services and accepts no responsibility for and is not liable for any loss or damage incurred by You or Your authorised users in accessing Third Party Services.
15. You may be required to register or log into Third Party Services. By enabling the use of Third Party Services You are expressly permitting us to disclose Your account credentials as well as any necessary content to facilitate the use of such Third Party Services.
16. In addition to any termination rights expressly arising under these terms, Perkaholic reserves the right, in its reasonable discretion, to temporarily or permanently suspend Your access to the Services:
i. during planned downtime for upgrades and maintenance to the Services;
ii. due to any unavailability of the Services caused by events outside the control of Perkaholic (such as, without limitation, technical failures outside Our control, Acts of God, civil unrest, terrorism, vandalism, natural disaster, pandemic, endemic, denial of service attacks, acts of government, unavailability of energy sources or acts of third parties);
iii. for any misuse of the Services or the Platform by You, Your agents or end users, including if We detect any malicious software connected with Your account.
17. All IPR in the Platform and Services supplied by Perkaholic to You from time to time, including all marks, trade secrets, copyright, patent rights, ideas and any other IPR in relation thereto, are owned by Perkaholic or its related bodies corporate.
18. You agree not to do any of the following:
i. copy the source code of the Platform or its content;
ii. translate the Platform or the Services or its content;
iii. reverse engineer (or make any attempt to discover the source code of the Platform), disassemble, modify, decompile, alter, duplicate, or make copies of the Platform or any Perkaholic website; or
iv. access the Platform by any means other than through the interface that is provided by Perkaholic for use in accessing the Services.
20. You acknowledge that no title to the IPR in the Services transfers to You as a result of Your subscription or licence to use the Services.
LICENSES AND CONFIDENTIALITY
21. In connection with the Platform, You hereby grants Us a non-transferable, limited and non-exclusive license to use the name, logo, copyright, service mark, and/or trademark owned or licensed to You, Your parent company, subsidiaries, and affiliates (“Your IPR”) for sole purposes of the Services throughout the Term including to use Your company name as a client reference in Our marketing promotional materials. Upon termination of this Agreement, We shall immediately cease using Your IPR and if requested by You, We shall certify that We have destroyed all marketing materials bearing Your IPR in Our control or possession.
22. You hereby grant the Company the right to disclose Your brand in relation to the monthly redemption report provided to the Merchant. No personally identifiable information will be disclosed to the Merchant in the monthly redemption report.
PAYMENT OF FEES
23. In accessing and using the Services, You may be required to select a payment plan and provide Us with information regarding Your credit card, direct debit, GIRO or other payment instruments. You represent and warrant that such information is true and that You are authorised to use the payment instrument.
24. Fees for the use of the Services may be updated or adjusted from time and may vary according to Your payment plan or module type.
25. The methods of payment for Fees may at Our discretion include cheque, interbank GIRO, automatic bank debit or Stripe payment processing services. We reserve the right to offer direct credit card payments as an option at any time in Our discretion.
26. Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate the Services, if You elect to process payments via Stripe, You agree to be bound by the Stripe Services Agreement as may be modified by Stripe from time to time. As a condition of Perkaholic enabling payment processing services through Stripe, You agree to provide Perkaholic accurate and complete information about You and Your business, and You authorise Us to share it and transaction information related to Your use of the payment processing services provided by Stripe.
27. Perkaholic does not store or access any credit card information. Any credit card details entered onto a website operated by Us for payment of Fees are provided directly to and securely stored by Perkaholic’s nominated third party payment gateway provider. By providing Your credit card details You consent to this disclosure and acknowledge that You will indemnify and hold harmless Perkaholic for any misuse or misappropriation of Your or any authorised user’s credit card details.
28. You agree to promptly update Your billing information with any changes that may occur (for example billing addresses or card expiry dates).
29. You agree to pay Perkaholic the amount of Fees in accordance with the payment plan You choose for the subscription to the Services. You authorise Perkaholic to bill Your payment instrument on a periodic basis in accordance with Your payment plan until Your subscription to the Services is terminated in accordance with these Terms.
30. If Your subscription plan includes a free-trial period, You will be charged the Fees after Your free-trial period ends. If You wish to cancel Your subscription without Fees being charged, You are required to cancel Your subscription before the free-trial period ends by sending Us an email to cancel Your subscription at email@example.com or contact Us at +(601)-111438875.
31. If You dispute any Fees or charges billed to Your payment instrument, You must advise Us within sixty (60) days of the date that We bill Your payment instrument.
32. If You wish to add more users to the Platform, please email to Us at firstname.lastname@example.org or contact Us at +(601)-111438875. Adding users will result in alteration of Your Fees, for which we will charge You on a per user per year basis.
33. We reserve the right to charge separately for information retrieval and/or for cloud data storage at reasonable rates.
DISCLAIMER OF WARRANTIES
34. The Services are provided “as is” and “as available” without warranty of any kind, either express or implied.
35. Without limiting the foregoing, to the extent permitted under law, Perkaholic expressly disclaims and all warranties, including but not limited to:
i. any warranties concerning the availability, accuracy, security, usefulness, interoperability or content of the Services; and
ii. any warranties of non-infringement, title, merchantability or fitness for purpose.
36. This disclaimer applies to all damages or injury caused by the Services, including without limitation as a result of any failure of performance, error, omission, interruption, deletion, defect, delay or error in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of or use of the Services.
LIMITATION OF LIABILITY
37. In no event shall Perkaholic, its officers, directors, employees, advisors, holding companies, subsidiaries, affiliates, agents, successors or assigns, be liable to any person:
i. for any indirect, special, punitive, incidental or consequential damages (including without limitation, damages for loss of business profits, business interruption, loss of programs or information) in any way arising out of the delivery, performance, or use of the Services, even if Perkaholic has been advised of the possibility of such damages; or
ii. for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Services, or any other software of other content.
38. In the event the exclusion of implied warranties is not permitted by law, Perkaholic’s liability shall be limited to the fullest extent permitted by law.
39. Without limiting the foregoing, You agree and acknowledge that Perkaholic’s total liability will not exceed the total of the Fees paid (if any) by You for Your subscription during the 12-month period immediately preceding the alleged claim or cause of action.
40. Either Perkaholic or You may terminate these Terms and Your subscription to the Services as of the end of Your then-current Subscription Period upon written notice to the other, on or prior to the date thirty (30) days preceding the end of such Subscription Period.
41. Unless Your subscription to the Services is terminated in accordance with the preceding paragraph or as otherwise agreed in writing, Your subscription will renew for a Subscription Period equivalent in length to the then-expiring Subscription Period. If available, You authorise Us to re-process any applicable payment instruments for the renewed Subscription Period.
42. Unless otherwise agreed in writing, the Fees applicable to Your subscription for any such subsequent Subscription Period shall be Perkaholic’s Fees for the Services to which You have subscribed as of the time such subsequent Subscription Period commences.
43. No refunds or credits for Fees or payments will be provided to You if You elect to terminate Your subscription to the Services prior to the end of Your then-effective Subscription Period.
44. If You terminate Your subscription to the Services prior to the end of Your then-effective Subscription Period, or We effect such termination or cancellation under these Terms, in addition to other amounts You may owe Perkaholic, You must immediately pay any then-unpaid Fees associated with the remainder of such Subscription Period.
45. Such Fees will not be payable by You in the event You terminate Your subscription to the Services or cancel Your account as a result of a material breach of these Terms by Perkaholic, provided You provide advanced notice of such breach to Perkaholic and afford Us not less than thirty (30) days to reasonably cure such breach.
46. If We reasonably believe that You or Your authorised users have violated these Terms, We may in
Our sole discretion, terminate, discontinue or modify the Services or Your use of the Services, permanently or temporarily. Perkaholic is not liable to You or any third party for any such modification, suspension or discontinuance of Your rights to access and use the Services.
47. Upon termination of Your subscription to the Services, You will immediately cease all use of the Services. Your right and licence to use the Platform and the Services shall immediately cease upon termination.
48. Except as otherwise expressly provided in these Terms, all accrued rights to payment and paragraphs of these Terms which by their nature should survive termination will survive termination, including, without limitation, restrictions on the use of the Services, payment obligations for Fees or amounts owed, indemnities, warranty disclaimers and limitations of liability.
49. In the event of breach of these Terms by You, We reserve Our right to all available remedies in contract, law or equity.
50. We will make every available effort to keep the Services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that We did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond Our control.
51. These Terms constitute the entire agreement between Us regarding the Services and shall prevail over any terms and conditions You or any company, business or organisation You represent provides.
52. Notwithstanding the foregoing, additional terms may apply to certain features of the Services. Such additional terms will be considered incorporated into these Terms when You activate the feature.
54. Perkaholic may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We may notify You via Our website, the Platform or Your account no less than seven (7) days prior to the effective date of such amendment. Your continued use of the Services following the effective date of any such amendment may be relied upon by Perkaholic as Your consent to the amendment.
55. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If such portion cannot be so construed, it shall be severed from these Terms without affecting the validity or enforceability of any other provisions of these Terms.
56. You may not assign the agreement to these Terms without Our prior consent. Perkaholic may transfer, assign, sub-licence or pledge, in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, successor, or to any third party whatsoever without notifying You or receiving Your consent.
57. Any waiver (express or implied) by Perkaholic of any breach of these Terms shall not constitute a waiver of another or subsequent breach. No provision of these Terms may be waived except with the express written consent of Perkaholic.
58. Any dispute or claim shall be first resolved by You and Perkaholic through discussion in good faith. Any dispute which is not resolved as aforesaid shall be submitted to mediation.
59. These Terms shall be governed by the laws of the Malaysia.
Last Updated: 25 August 2021