BBazaar Online Marketing Services Sdn. Bhd.

TERMS OF USE

  1. What is this document?
    1. 1.1 These terms of use (“Terms of Use”) read together with the privacy policy (“Privacy Policy”) available on ‘www.bbazaar.my’ constitutes a legal and binding agreement (“Agreement”) between you and BBazaar Online Marketing Services Sdn. Bhd. (“Company”), bearing company registration no. 1255637-U and having its registered address at 23-8 Menara Permata Damansara (Oval Damansara), No. 685 Jalan Damansara, 60000 Kuala Lumpur W.P. Kuala Lumpur Malaysia, and provides, inter alia, the terms that govern your access and use of the Company’s web based application located at this URL ‘www.bbazaar.my’ (“Website”). In this Terms of Use, references to “you”, “your”, “user” shall mean the end user accessing the Website and or the services offered on the Website.

      1.2 This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us, or our subsidiaries or affiliates, for services or otherwise.

      1.3 If you are using the Website on behalf of any third party, you represent and warrant that you are authorized to accept these terms on such third party’s behalf, and that you agree to indemnify us for violation of this Agreement on behalf of such third party.

      1.4 Any capitalized term used in this Term of Use and not defined herein shall have the meaning as defined in the Privacy Policy.

      1.5 The Website facilitates the products and related services rendered by various business partners of the Company primarily relating to financial products, loan products, credit cards etc. (“Products”) to you through its services (“Services”). However, it is clarified that nothing on this Website shall be deemed or construed as “offer to sell” with respect to the aforesaid Products.

      1.6 You agree that by accessing this Website, you shall be automatically governed by this Agreement, and/ or any submission of your personal data shall be governed by the Privacy Policy referred herein above. The terms contained herein this Agreement is deemed to be accepted by you without any modification / alteration.

      1.7 The Company hereby grants you a limited, revocable, non-exclusive license to access and use its Services through the Website for personal use only. This permission or license granted herein does not include any collection, aggregation, copying, duplication, display or derivative use of the Services and / or the Website nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless otherwise set forth in this Agreement. Any use of the Services and/ or the Website beyond the scope of authorized access as set forth in this Agreement shall immediately terminate any permission or license granted herein.

      1.8 This Agreement is published in compliance of, and is governed by the Personal Data Protection Act, 2010, and all other successor legislation and regulation in the performance of the obligations set out under these Terms of Use.

  2. Submission of Information
    1. 2.1 Account: If you allow a third party to access the Services and / or Website through your account, you shall ensure that such third party is bound by and abides by the terms of this Agreement. Please refer to our Privacy Policy to know about collections, storage and use of personal data provided by you either on your behalf or on behalf of any third party.

      2.2 The Company authorizes you to access the Website solely for browsing the Services and for personal use only.

      2.3 You hereby authorize the Company to:- (i) use your submitted information to contact you, (ii) maintain a record of your queries, visits to the Website, and/ or feedback(s), and (iii) use all submitted information by you in a manner as it may deem necessary.

      2.4 You specifically understand and agree that by using this Website you authorize the Company and its affiliates and business partners to contact you, to make follow up calls in relation to the Services provided through the Website, for imparting product knowledge, offering promotional offers running on Website & various other offers offered by its partners on the Website.

      2.5 You also agree that the Company reserves the right to make your details available to its affiliates and business partners and that you may be contacted by such affiliates and business partners for information and for sales through e-mail, telephone and/ or SMS. You agree to receive promotional materials and/ or special offers from the Company through e-mail, SMS or phone.

      2.6 For certain functions of the Website and its Services such as reviewing and tracking your browsing of the Website and/or to effectively provide Services through the Website, you may be required to provide your name, age, mobile or phone number(s), and/ or addresses etc.; and that without limiting the generality of foregoing, you are required to provide accurate and complete information.

      2.7 The Company may, at any time and without having to serve any prior notice to you, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the contents of this Terms of Use or the Privacy Policy. Please check regularly for updated information on these Terms of Use. Such changes shall be made applicable as and when they are posted/updated/modified on the Website. The Company may also alter or remove any content from the Website without notice and without liability.

      2.8 The Company reserves its right to suspend or limit your ability to use or access the Website (or a part thereof) or the Services at its sole discretion, at any time while the Company investigates any complaint or alleged violation of this Agreement, or for any other reason. Further, the Company also reserves its right to prohibit or restrict you from using the Website if the Company, in its opinion, feels that you are misusing the Website in any manner whatsoever.

      2.9 The use of the Website is governed by the Company’s Privacy Policy and this Terms of Use. The Company’s Privacy Policy sets forth its standard practices regarding the collection, use and disclosure of personal data that it obtains about you relating to its Services. You are strongly recommended to kindly peruse the same.

  3. User Covenants
    1. 3.1 The user shall ensure that its use of the Website and/or its Services, including the submission of any information, data, files and all other material in any format:

        3.1.1 complies with all applicable laws and legislations;

        3.1.2 does not infringe any intellectual property rights or other proprietary rights of any third party;

        3.1.3 is not reasonably be deemed to be offensive, illegal, inappropriate or in any way;

        3.1.4 does not promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

        3.1.5 does not harass or advocate harassment of another person and does not exploit people in a sexual or violent manner

        3.1.6 does not display pornographic or sexually explicit material;

        3.1.7 does not promote any conduct that is abusive, threatening, obscene, defamatory or libelous;

        3.1.8 does not promote any illegal activities and does not provide instructional information about illegal activities, including violating someone else’s privacy or providing or;

        3.1.9 does not create computer viruses;

        3.1.10 does not promote or contain information that you know or believe to be inaccurate, false or misleading;

        3.1.11 does not engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;

        3.1.12 does not invade or violate any third party’s right to privacy; and

        3.1.13 does not transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or “spamming";

      3.2 You are also prohibited from:

        3.2.1 violating or attempting to violate the integrity or security of the Website;

        3.2.2 transmitting any information on or through the Website that is disruptive or competitive to the provision of the Services provided by the Company;

        3.2.3 intentionally submitting on the Website any incomplete, false or inaccurate information;

        3.2.4 using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

        3.2.5 attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

        3.2.6 copying or duplicating in any manner any of the information available from the Website and;

        3.2.7 framing or hotlinking or deep linking any contents from the Website.

      3.3 The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned in the above clause, shall be entitled to disable such information that is in contravention of such clause and shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.

      3.4 The Services offered on the Website are not available to minors under the age of eighteen (18) years or to any user suspended or removed from the system by the Company for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring their accounts to another party.

  4. Third Party Information
    1. 4.1 The Website may contain links to or at times connect or redirect you to websites, apps, services and resources owned or controlled by third parties (collectively “Third Party Websites”). The Website does not control or monitor such Third Party Websites. As such, you acknowledge and agree that the Company is not responsible or liable for the content, functionality or practices of such Third Party Websites and does not endorse the material displayed therein. The Website is merely providing the service of an aggregator in this case. The Company neither associates with these Third Party Websites nor does it own any responsibility for any errors, omissions or misrepresentation therein. When you follow a link on this Website, materials of any Third Party Websites may be displayed in your browser and shall be deemed to be third party’s material for the purpose of these Terms of Use. You shall access these Third Party Websites at your own risk. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from the Website is free of such items such as but not limited to viruses, worms, trojan horses, defects and other items of such destructive nature.

      4.2 We suggest that you read the terms of use and privacy policies (if any) of those Third Party Websites. You agree not to hold the Company responsible for any harm that may arise based on your access to or use of any such Third Party Websites.

  5. Intellectual Property Rights
  6. All the intellectual property used on the Website and/or Services offered by the Company, its business partners or any third party shall remain the property of the Company, business partners or any other third party as the case may be. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The Service is protected to the maximum extent permitted under copyright laws, other laws, and international treaties. Content displayed on the Website by the Company or made available through its Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials used or provided by the Company on the Website and/or through its Services or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

  7. Data Protection & Privacy Policy
    1. 6.1 The Company processes personal data which it collects to provide its Services in accordance with its Privacy Policy and the Terms of Use which is available on the Website.

      6.2 The user confirms that it is solely responsible for ensuring that any such processing and security obligations of his personal data complies with all applicable data protection laws and legislations. The user hereby agrees and accepts to indemnify the Company against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred due to the user’s failure to comply with the provisions of this clause.

  8. Liability
    1. 7.1 The Company does not provide or make any representation, warranty or guarantee, express or implied about the Website or its Services.

      7.2 The Company shall not be liable for any damages whatsoever, including, without limitation, damages for loss of profits, misuse of data etc. arising out of or in any way connected with your inability to use or performance of the Website or its Services. This shall extend to the loss suffered by the you due to delay or inability to use or access the Website or its Services at any point in time.

      7.3 The Company shall not be responsible or liable in any manner to you for any losses, damage, injuries or expenses incurred because of your use of the Website or its Services in any manner.

      7.4 The Products and their content published on this Website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of and disclaim all liability for any errors or omissions or other inaccuracies relating to the information and description of the Products and their content. We expressly reserves the right to correct any pricing errors on the Website and/ or on pending reservations made under an incorrect price. The Company makes no representation about the suitability of the information, software, products, and Services contained on the Website for any purpose and the inclusion or offering of any Products of our business partners and the Website does not constitute any endorsement or recommendation of such Products.

      7.5 All such information, software, products, and services are provided on an “as is” and / or “as available” basis without warranty of any kind. The Company disclaims all warranties that the Website, its Services or any e-mail sent from Company, its affiliates, and/or its business partners are free of viruses or other harmful components. The Company hereby disclaims all warranties and conditions regarding any information, software, products, and services including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The business partners offering Products on the Website are independent parties and the Company is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such business partners or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

      7.6 The Company and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority. In no event shall the Company and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the Company and/or its affiliates their respective service providers have been advised of the possibility of such damages.

      7.7 In addition to the other disclaimers and limitations discussed above, there are no guarantees and /or warranties regarding online availability, impressions, and click-through the Website, its web pages, and any material, information, links, or content presented on the web pages at www.bbazaar.my. The Website, its web pages, and any material, information, links, or content presented on the web pages at the Website may be unavailable for online access at any time.

  9. Indemnity
    1. 8.1 You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/ or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Website in any fraudulent manner, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with the Company, and (iv) infringement of any intellectual property or other right of any person or entity.

      8.2 Wherever the above clause is not invoked, and the Company suffers a claim, loss, liability, damage or cost which is attributable to your usage of the Website, the Company will notify you of any such and you hereby agree to provide the Company with reasonable assistance, at your own expense, in defending such claim, loss, liability, damage, or cost.

  10. User Submissions
  11. You understand that while using the Website, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.

  12. Severability
  13. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision; and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

  14. Term and Termination
    1. 11.1 This Agreement will remain in full force and effect while you use the Website in any form or capacity.

      11.2 The Company reserves the right to terminate your access to the Website and this Agreement in the event of breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or the Company’s inability to verify or authenticate any information you have submitted to the Company through the Website.

      11.3 Clauses under the headings Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution, and Notices shall continue and survive the termination of this Agreement.

  15. Governing Law
  16. This Agreement and any contractual obligation between the Company and you will be governed by the laws of Malaysia, subject to the exclusive jurisdiction of courts in Malaysia.

  17. Headings
  18. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the Terms of Use or the right to use the Website and/ or its Services by the users contained herein or any other section or pages of the Website in any manner whatsoever.

  19. Notices
  20. All notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address:

    BBazaar Online Marking Services Sdn. Bhd.

    23-8 Menara Permata Damansara (Oval Damansara), No. 685 Jalan Damansara, 60000 Kuala Lumpur W.P. Kuala Lumpur Malaysia.

  21. Questions & Contact Information
  22. Any questions or comments about the Website or the Services may be directed to the Company at its e-mail address: lokesh.anjanappa@bankbazaar.com

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