1. Key Terms
World Cloud Ventures Sdn. Bhd. (herein after referred to as "WCV", "we" or "us" or "our") provides an online platform that connects food and beverages outlet owners (collectively, the "Seller") with purchasers looking for great food and beverages deals (collectively, the "Purchases"/ "Deals"). These purchases are accessible at www.i1happyhour.com website or any other internet domain property or mobile app of i1happyhour.com (collectively, the "Platform") through which WCV makes the purchases available and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
2. Terms of Service
By browsing, accessing or using this platform or application or by using any facilities or services made available through it or by transacting through or on it, you are deemed to have read, understood and agreed to comply with and legally bound by the terms and conditions of these Terms of Service (Terms), whether or not you become a registered user of the services. These Terms govern your access to and use of the Platform, Application and Services and all Collective Content (defined below).
THE PLATFORM AND APPLICATION COMPRISE AN ONLINE PLATFORM THROUGH WHICH SELLER MAY CREATE LIST SELECTION OF FOOD AND BEVERAGES AND USER MAY LEARN ABOUT AND MAKE PURCHASES DIRECTLY WITH THE SELLER. THE PLATFORM AND APPLICATION ALSO ALLOW PURCHASES OF DEALS IN THE FORM OF VOUCHER FOR REDEMPTION IN ANY IDENTIFIED PARTICIPATING OUTLETS. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE PLATFORM, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE PLATFORM, VIA THE APPLICATION OR THROUGH THE PURCHASES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES.
In addition, certain areas of the Platform and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Platform, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Platform, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform, Application or Services. Failure to use the Platform, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
We reserve the right to amend these terms and conditions at any time and it is your responsibility to review these terms and conditions on each occasion you make any purchases. All amendments to these terms and conditions will be posted online with timestamp. Continued use of site and application will be deemed to constitute acceptance of the new terms and conditions.
The Platform, Application and available purchases/deals are intended solely for persons who are 18 or older and for non-Muslim. Any access to or use of the Platform, Application or Purchases made by anyone under 18 or Muslim is expressly prohibited. By accessing or using the Platform, Application or making purchases you represent and warrant that you are 18 or older and a non-Muslim.
5. How the Platform, Application and Purchases Work
The Platform and Application can be used to facilitate the food and beverages deals and offers and users can make purchases. In order to view the offer, you need to first register to create an I1happyhour Account (defined below). You cannot view the offers as an unregistered visitor to the site and application.
Purchases allow redemption at identified participating outlets.
The Platform, Application and any Purchase(s) are for your non-commercial, personal use only and must not be used for business.
WCV reserve the right to prevent you from using the Platform and Application (or any part of them) and to prevent you from making any Purchases.
6. Account Registration
In order to access certain features of the Platform and Application and to make Purchase(s), you must Register to create an account ("I1happyhour" Account) and become a member. This is so that we can provide you with easy access to track your purchases and redemption and modify your preferences. You may register to join the Services directly via the Platform or Application or as described in this section. We reserve the right to decline a new Registration or to cancel an existing Registration at any time.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Platform or Application, as described below. As part of the functionality of the Platform, Application and Services, you may link your i1happyhour Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to WCV through the Platform, Services or Application; or (ii) allowing WCV to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to WCV and/or grant WCV access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating WCV to pay any fees or making WCV subject to any usage limitations imposed by such third-party service providers. By granting WCV access to any Third-Party Accounts, you understand that WCV will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Platform, Services and Application via your I1happyhour Account. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your I1happyhour Account on the Platform, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or WCV's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. WCV makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and WCV is not responsible for any SNS Content.
Your I1happyhour Account and your Account profile page will be created for your use of the Platform and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. One (1) device and one (1) phone number is entitled to only one (1) active account. You may not have more than one (1) active i1happyhour Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. WCV reserves the right to suspend or terminate your i1happyhour Account and your access to the Platform, Application and Services if you create more than one (1) i1happyhour Account, or if you are seen to be using proxy IPs (Internet Protocol addresses) in order to hide the use of multiple registration; or if a non-Malaysia user pretends to be a user, or disrupts the Platform or the Service in anyway; or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your i1happyhour Account, whether or not you have authorized such activities or actions. You will immediately notify WCV of any unauthorized use of your I1happyhour Account.
WCV does not endorse any participating Seller or their Listing. You understand that Verified Images are intended only to indicate a photographic representation of the participating outlet and food and beverages serve at the time the photograph was taken. Verified Images are therefore not an endorsement by WCV.
Participating Seller are required by Merchant Terms and Conditions to provide accurate information. Although WCV may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask Seller to provide a form of government identification, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Seller and/or screen Seller information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Seller or the Seller's purported identity or background.
7. ORDER CONFIRMATION
Upon successful completion of payment for the purchase(s), QR code(s) will be generated into your i1happyhour account visible under Transaction History page. A purchase confirmation email will be sent to your registered email address.
Should the QR code(s) of your purchase(s) not visible in your i1happyhour account or should you not receive the confirmation email of your purchase(s) or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with WCV Careline Team whether or not your order has been placed. Alternatively, you should also connect with the payment gateway support. Only you may be aware of any problem/glitch during the order process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive QR code or email confirmation.
Purchases are limited as endorsed and are non-transferable. The unauthorized resale of i1happyhour deal is strictly prohibited and legal action shall be taken upon if found. All purchases are redeemable at the identified participating outlets. It is your responsibility to check if the redemption outlet locations suits your need before any purchases are done.
8. CANCELLATION OF ORDER/PURCHASE
WCV reserves the right to cancel and agreement if the goods or services are not available for any reason. You will be notify if there is such event and refund will be done.
Refund is usually done via the same payment method as the original purchase is done. Under special circumstances, other refund method can be considered at our sole discretion.
9. REFUNDS AND EXCHANGES
You are responsible to review the product information and the participating redemption outlets carefully before any purchase.
Policies set forth by Seller generally prohibit us from allowing exchange or refunds after goods has been redeemed.
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to goods you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by its clients, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase goods from the Platform.
Should you do so, your order may be cancelled, and we may, in its sole discretion, refuse to honour pending and future purchases made from all credit card accounts or online accounts, on which such chargebacks have been made and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Platform.
10. LICENSE; REJECTION AND CANCELLATION; NO REDEMPTION VALUE
Participating outlets operators reserve the right, without refund of any amount paid, to refuse admission to, or reject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with the Operator rules.
11. i1happyhour MY REWARD SCHEME
11.1 These session of the terms and conditions govern the award and use of rewards by Members, and set out the terms of the agreement between WCV and each member with regards to i1happyhour My Reward Scheme.
11.2 “ml” Rewards Redemption
11.3 My Reward Scheme “Freebies”
11.4 My Reward Scheme “Discount Coupon”
12. STANDARDS AND LIMITATION OF LIABILITY
1. We warrant that:
2. the performance, non-performance, purported performance or delay in performance by us of this Agreement (including in relation to the Website or Service supplied by us):
Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the consumer guarantees relating to the supply of products and/or services in Part V and Part VIII to the Consumer Protection Act 1999; or (iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to Clause 1.4).:
We do not warrant and we exclude all Liability in respect of:
To the extent permitted by law, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement:
We shall have no Liability for:
7. The limitation of Liability under Clause 8.4 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any clause of this Agreement.:
1. Interpretation: In this Agreement:
2. No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
3. No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
4. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
5. Force majeure: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
7. No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
8. Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
9. Survival: In any event, provisions that either are expressed to survive its expiry or termination or from their nature or context, it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service. In the event you use products bought under this Agreement, then those provisions applicable to products will survive termination of this Agreement.
10. Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
11. Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with laws of Malaysia and both parties hereby submit to the exclusive jurisdiction of the courts of Malaysia.
14. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform, Application and Services. In connection with your use of the Platform, Application and Services, you may not and you agree that you will not:
WCV has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, WCV may take a range of actions against you, including but not limited to deactivating or canceling your i1happyhour Account, for a violation of this Section or these Terms.
WCV may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against WCV or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Merchant Market Place Agreement General Terms & Condition (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of WCV, its users, or members of the public. You acknowledge that WCV has no obligation to monitor your access to or use of the Platform, Application, to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Platform, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. WCV reserves the right, at any time and without prior notice, to remove or disable access to any Content that WCV, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform, Application or Services.
15. Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws applicable in Malaysia. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of WCV. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of WCV used on or in connection with the Site, Application, Services, and WCV Content are trademarks or registered trademarks of WCV in Malaysia. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and WCV Content are used for identification purposes only and may be the property of their respective owners. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of WCV and you hereby irrevocably assign to WCV and agree to irrevocably assign to WCV all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At WCV's request and expense, you will execute documents and take such further acts as WCV may reasonably request to assist WCV to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Last updated on 22 February 2017