Search for big discounts in your favorite stores.
The following conditions apply to the use of the Beanee service.
Effective Date: April 29, 2020
1. Acceptance of Terms
MilkADeal Sdn Bhd and their subsidiaries and affiliates (hereinafter referred to as "Beanee", "we", "us", or "our") provide a digital coupon marketplace in Malaysia (the "Services") which includes, and is accessible via, (i) the websites published at http://Beanee.com, and http://www.MilkADeal.com (and any other websites owned or operated by us with Beanee or MilkADeal branding that link to these Terms) (collectively, the "Sites") and (ii) mobile-device applications owned or operated by us that are branded as Beanee or MilkADeal and link to these Terms (collectively, the "Applications"). The Services, for example, allow users to access coupons of certain third-party merchants ("Merchants") for online or offline use.
Promotions as hereafter defined are available to individual users of Beanee who are residents of the Malaysia, Singapore, Thailand, Indonesia, Philippines, Vietnam, Myanmar and Cambodia and at least eighteen years of age. Participation in any Promotion and the opportunity to earn Promotions from any Promotion are offered at the sole discretion of Beanee. Beanee has the right, in its sole discretion, to change these Promotion Terms in whole or in part at any time, without notice. Purchases for resale or commercial use are excluded from eligibility. In any calendar month, you are limited to the Number of Promotions Offers per Person and the amount that you may earn, in the aggregate under all Beanee Promotions Offers, may be limited (e.g., five thousand dollars ($5,000.00 USD) per month).
4. Promotion Code Terms
5. Key Promotion Conditions and Definitions
"Excluded Items" means any and all items that fall within categories, if any, specified on the Promotion Landing Page (e.g., the "details" section) as being excluded from the Minimum Purchase Amount. The determination of whether particular purchases fall within an excluded category will be determined at Beanee’s sole discretion. If you are unsure whether a desired item falls within an excluded category, please check the details section of the applicable Promotions Offer Card and direct any questions to our website "Contact Us" form prior to making your online purchase.
"Maximum Discount Amount" means the amount specified on the Promotion Landing Page as the maximum discount amount from the Merchant can be applied to the final payment amount.
"Merchant" means the merchant that is specified on the Promotion Landing Page.
"Minimum Purchase Amount" means the amount specified on the Promotion Landing Page as the minimum purchase amount from the Merchant that is required to be eligible for the applicable Promotion Offer. The Minimum Purchase Amount excludes discounts/promos, store points/Promotions programs, tax, tip, fees, and any amount used to purchase Excluded Items.
"Number of Promotion Offers per Person" means a limit of one thousand (1000) Promotion Offers in the aggregate under all Beanee Promotions in any calendar month and a limit of ten (10) Promotions per Merchant in any calendar month, unless otherwise specified in the Promotion Landing Page.
"Promotion" means a promotion given by Beanee to you for fulfilling the requirements of the Promotion, as specified on a Promotion Landing Page.
"Promotion Code" means an alphanumeric code given by Beanee to be entered into Merchant’s store before completing your purchase. It has a nominal value of RM0.01 and cannot be exchanged for cash or cash equivalent.
"Promotion Landing Page" means the website or app page that describes the Promotion and links to these Promotion Terms.
"Promotion Link" means the hyperlink provided on the Promotion Landing Page of a Promotion Offer that directs you to the Merchant’s website.
"Promotions Offer" means an offer for a Promotion.
"Promotion Period" means the period beginning on the start date specified on the Promotion Landing Page and ending at the earlier of (1) the time that all of the Total Number of Promotion Offers available during Promotion have been claimed or (2) the end date specified on the Promotion Landing Page. The Promotion Period may be shortened or extended at Beanee’s discretion. All start and end dates are based on GMT+0800 unless otherwise indicated.
"Qualifying Transaction" means a purchase that is (a) in an amount greater than the Minimum Purchase Amount; (b) from a participating Merchant; (c) in connection with a Promotions Offer; and (d) in Beanee’s sole discretion, satisfies all of the Promotion Terms.
"Redemption Process" means the steps you must take, as specified by Beanee in its sole discretion, in order to redeem Approved Promotions. The Redemption Process is further described below.
"Third-party Service Providers" is as defined in Section VI below.
"Total Promotions available during Promotion" or "Total Promotions Offer" means the limited quantity of Promotions available under the Promotion, as specified on the Promotion Landing Page if the quantity is limited.
6. How to Redeem Promotions
A. Online Promotions.
To redeem Promotions pursuant to a Promotions Offer, you must: (1) during the Promotion Period, enter the Promotion Code before completing an online purchase via the Merchant’s website; (2) complete the online purchase in an amount equal or greater to the Minimum Purchase Amount; and (3) satisfy any other conditions specified on the Promotion Landing Page.
7. Returns, Approvals, and No Ownership
For any Promotions Offer, if you return or exchange the items purchased, complete your purchase before or after the Promotion Period, initiate a purchase that results in a chargeback, or fail to satisfy a Minimum Purchase Amount, or any other conditions specified on the Promotion Landing Page, Beanee will not be able to provide any refunds or exchange for the promotion code(s) used. In the event of a dispute, you may be required to provide your order confirmation as proof of purchase. All decisions by Beanee are final and binding on you.
8. Community Participation
To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with Beanee ("Account"). You represent and warrant that all information provided by you to Beanee is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
For additional information on the terms of participating in our online community, please visit our Community FAQ.
B. Password and Security
As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify Beanee immediately if you become aware of any unauthorized use of your Account(s).
C. User Generated Content
Beanee does not pre-screen or regularly review all user contributed content ("Submissions"). Beanee reserves the absolute right (though not the obligation) to edit or remove, without notice, any Submissions. Beanee disclaims (i) any warranty that it will edit, remove, or continue to display any Submissions and (ii) any liability for editing, removing, or continuing to display any Submissions. Beanee does not have an obligation to respond to complaints or investigate complaints.
By posting any Submissions, you represent and warrant:
(a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or
(b) such posted content is in the public domain, or
(c) your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual or proprietary property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
You also agree not to post any of the following types of content to the Sites or Applications:
(a) adult content, pornography, explicit sexual images, or nude images;
(b) content that is offensive, defamatory, threatening, harassing, intimidating, explicit, vulgar, or obscene;
(c) content promoting discrimination, bigotry, racism, hate, harassment, harm, abuse or destructive actions;
(d) content promoting illegal activities; or primarily political, religious, psychic, or metaphysical content;
(e) content promoting pirated software;
(f) content intending for phishing or spreading malware;
(g) content that is disparaging of any person or entity;
(h) content that is in violation of any law or regulation; or
(i) any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by us.
You agree that all of Beanee's trademarks, trade names, service marks, and other logos and brand features (including, without limitation, "Beanee", "Beanwave", and "Beanster" that are displayed via the Services (collectively, the "Marks") are trademarks and the property of Beanee. You agree not to display or use Beanee's Marks in any manner without Beanee's prior permission, including but not limited to as a part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Beanee has any relationship with that third party or that such third party endorses the Services or Beanee.
D. License to Beanee
By posting or contributing Submissions, or by providing any feedback, testimonials, suggestions, ideas, and other submissions to Beanee, you are granting Beanee a non-exclusive, royalty-free, perpetual, irrevocable and worldwide license to use such content in connection with the operation of the Services and for any purpose whatsoever, including, without limitation:
(a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, disclose, edit, translate, modify, adapt, create derivative works from and reformat such content, and/or to incorporate it into a collective work, and
(b) the right to sublicense any or all of Beanee's license rights to others.
You acknowledge and agree that such rights are granted without paying you any compensation and without any further obligations or restrictions.
You further waive any and all moral rights in and to such content in favor of Beanee. For greater certainty, this means that, among other things, Beanee has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
9. Acts Against the Services
Beanee hereby grants you a limited, personal, non-exclusive, non-commercial, non-transferable license to access and use the Services as provided by Beanee solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:
(a) Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
(b) causing, allowing, or assisting any other person to impersonate you;
(c) sharing your password or login with any other person;
(d) logging onto a server or Account(s) that you are not authorized to access;
(e) creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
(f) emulating or faking usage of the Services;
(g) violating or attempting to violate any security features of the Services;
(h) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Sites or for data mining or automated data submission;
(i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
(j) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services;
(k) causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Beanee;
(l) tampering with the operation, functionality, or the security of the Services, including any non-public areas of the Services;
(m) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected or any other technological measures;
(n) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
(o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
(p) accessing the Services through unauthorized connections;
(q) harvesting or collecting email addresses, other contact information, or other personally identifiable information of other users or clients from the Services by electronic or other means;
(r) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
(s) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
(t) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(u) deep-linking to any portion of this Services without our express written permission;
(v) acting illegally or maliciously against the business interests or reputation of Beanee or the Merchants promoted via the Services;
(w) hyperlinking to the Services from any other website without our initial and ongoing consent;
(x) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Beanee, including using the Services or any of its contents, including Submissions, in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages;
(y) reselling or repurposing your access to the Services or any purchases made through the Services; or
(z) using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Beanee to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Beanee, including without limitation, aggregating current or previously offered coupons or deals.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.
A. Information Accuracy
Beanee makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted via the Services ("Promocodes") or that any Merchant will honor or acknowledge any such Promocodes. Beanee is not responsible for providing any value for any Promocodes. Beanee is not responsible for the change of information at Merchants, including, but not limited to, rebate information, pricing, availability or fitness for use. You understand that Beanee does not and cannot review all material made available through websites linked or linking to any part of the Services.
C. Trademark Information
You agree that all of Beanee's trademarks, trade names, service marks, and other logos and brand features (including, without limitation, "Beanee", "MilkADeal", and "MilkADeal Cashback") that are displayed via the Services (collectively, the "Marks") are trademarks and the property of Beanee. You agree not to display or use Beanee’s Marks in any manner without Beanee's prior permission, including but not limited to as part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Beanee has any relationship with that third party or that such third party endorses the Services or Beanee.
D. Intellectual Property Ownership
All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Beanee or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of Beanee or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as Submissions, text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, other material, and software (the "Works") are the property of Beanee, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and Beanee owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not use, copy, adapt, modify, remove, delete, augment, add to, publish, transmit, adapt, translate, license, participate in the transfer or sale of, transfer, publicly display or perform, transmit, broadcast, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Beanee and its licensors irreparable injury, which may not be remedied at law, and you agree that Beanee and its licensors’ remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
E. Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov ), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Services will comply with applicable copyright laws. If Beanee receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under applicable law.
If we remove or disable access to the Services in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Beanee's Designated Agent to receive notification of alleged infringement under the DMCA is:
MilkADeal Sdn Bhd
17-2, Signature Office The Boulevard,
Mid Valley City, Lingkaran Syed Putra,
59200 Kuala Lumpur, Malaysia.
Attn: Legal Department
Email: [email protected]
Upon receipt of proper notification of claimed infringement, Beanee will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Beanee's Designated Agent (listed above) the following information in a written communication (preferably via email):
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Beanee to locate the material on the Sites or Applications;
Information reasonably sufficient to permit Beanee to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Beanee's Designated Agent (listed above) the following information in a written communication (preferably via email):
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
Your name, address, and telephone number;
The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
Your signature, in physical or electronic form.
Upon receipt of such counter notification, Beanee will promptly provide the person who provided the original infringement notification with a copy of the counter notification and inform that person that Beanee will replace the removed material or cease disabling access to it in 10 business days. Beanee will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, Beanee will, in appropriate circumstances and in its discretion, disable and/or terminate the accounts of users who are repeat infringers.
You acknowledge and agree to indemnify and hold Beanee, its affiliates, and their respective directors, officers, employees, agents, or other representatives, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party arising out of (a) your use of the Services, (b) your Submissions, (c) your violation of these Terms, (d) the infringement by you or made under your Account(s) of any intellectual property or other right of any person or entity or (e) any products or services purchased by you in connection with the Services. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you.
12. Disclaimer, Release, & Limitation of Liability
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
You are solely responsible for your interactions with merchants and other users of the sites. To the extent permitted under applicable laws, you hereby release Beanee from any and all claims or liability (including, but not limited to, claims for personal injury, death, or damage to or loss of property) related to: any product or service of a merchant; any action or inaction by merchant; merchant’s failure to comply with applicable law; participation in a promotion; use or misuse of any promotions offer; or any conduct or speech, whether online or offline, of any other user.
The merchants are fully and solely responsible for the care and quality of all goods and services they provide to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("liabilities") they may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or activation of a promotions offer or not.
The released parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by you, typographic errors or by any of the equipment or programming associated with or utilized in the promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the promotion; (4) technical or human error which may occur in the administration of the promotion; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the promotion or receipt or use or misuse of any promotions. If for any reason your purchase is not recorded, erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is to complete another purchase during the promotion
C. Limitation of Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty Malaysian ringgit (MYR50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The laws of certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
13. Dispute Resolution
By agreeing to these Terms, you agree to resolve any and all disputes with Beanee and relating to any Promotion(s) as follows:
A. Initial Dispute Resolution
Most disputes can be resolved without resort to litigation. You can reach our Customer Support by sending an email to: [email protected] Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our Customer Support, and good faith negotiations shall be a condition to either party initiating arbitration or, where applicable, a lawsuit.
B. Binding Arbitration
If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
C. Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
E. Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
F. Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
H. Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Company.
I. Electronic Communications
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
A. Third Party Legal Notices
Certain features of the Services are subject to third party terms and conditions.
Our Applications for Android-based mobile devices utilize the Google Maps Android API and, as a consequence, are subject to the legal notices published at this link
Our Applications for iOS-based mobile devices ("our iOS App") is subject to the following terms imposed by Apple, Inc. ("Apple"): (i) these Terms are between Beanee and you only, and not with Apple. Apple is not responsible for our iOS App and the content thereof; (ii) your license to use our iOS App is limited to a non-transferable license to use the iOS App on an iOS product that you own or control and as permitted by the usage rules set forth in Apple’s App Store terms of service; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our iOS App; (iv) in the event of any failure of our iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for our iOS App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our iOS App; (v) Apple is not responsible for addressing any claims of yours or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (a) product liability claims; (b) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vi) in the event of any third party claim that our iOS App or your possession and use of our iOS App infringes that third party’s intellectual property rights, Apple, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties; (viii) you must comply with any other applicable third party terms when using our iOS App (e.g., your wireless data service agreement); and (ix) Beanee and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
B. Termination of Service
Beanee disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. Beanee reserves the right to modify, add or discontinue any aspect, content or feature of the Service, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you. Your continued use or accessing of the Services following the posting of any such changes to the Terms constitutes your acceptance of the changed Terms. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Sites, Applications or Services, including but not limited to all content, services, digital products, tools or products, and any other acts engaging in unlawful or inappropriate conduct using the Services, is hereby expressly prohibited.
C. International Use
Although the Services may be accessible worldwide, we make no representations that materials on the Services are appropriate or available for use in locations outside Malaysia. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, Beanee may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Any provision of these terms and conditions that by its nature is reasonably intended to survive beyond termination of these terms and conditions shall survive.
15. Damages For Violations Of Section 13(d)-(z)
In addition to any injunctive relief discussed above, if you are involved or cause others to be involved in behavior that violates Section 13(d)-(z) above, you agree to pay to Beanee the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by such a violation of these Terms for which you bear responsibility. Further, you acknowledge that, for violations of Section 13(d)-(z), actual damages would be extremely difficult or impossible to quantify. Accordingly, for violating Section 13(d)-(z), you agree to pay liquidated damages to Beanee as described in the schedule set forth in Section 21 below.
Furthermore, you agree that the amounts of liquidated damages described in Section 21 below are reasonable estimates of Beanee’s damages for violations of Section 13(d)-(z).
You further agree that, to the greatest extent permitted by applicable law, every remedy described by these Terms, including the liquated damages set forth in Section 21, shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
21. Liquidated Damages Schedule For Violations Of Section 13(d)-(z)
For purposes of this schedule of liquidated damages, "Item of Content" means each and every Coupon of any type featured on the Beanee website by Beanee or any user (or any other third party in any manner). Each Coupon that is featured on the Beanee website is a single Item of Content. Each Item of Content shall be considered and treated as an individual, discrete Item of Content even if it contains the same or substantially similar content as one or more other Items of Content.
For purposes of this schedule of liquidated damages, "Instance of Unauthorized Conduct," or "Act" means each individual time Beanee’s servers are accessed in connection with or in facilitation of a violation of Section 13(d)-(z). With respect to the Instances of Unauthorized Conduct enumerated in below, each day Beanee’s servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.
For each violation of Section 9(d)-(z), you agree to pay liquidated damages to Beanee in the amount specified below. You further acknowledge and agree that the imposition of liquidated damages for each such violation is independent and distinct, and that the assessment of total liquidated damages for multiple violations is cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
A. MYR500 Per Item of Content copied in Violation of Section 9(h) or (k)
You agree to pay MYR500 per violation for each Item of Content accessed or obtained via Beanee (1) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Sites of Beanee or for data mining or automated data submission or (2) by causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Beanee.
B. MYR1000 Per Instance of Unauthorized Conduct in Violation of Section 9(d)-(e)
You agree to pay MYR1000 per violation for each (1) Act of logging onto a server or Account(s) that you are not authorized to access or (2) Act of creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity.
C. MYR10,000 Per Instance of Unauthorized Conduct in Violation of Section 9(f)-(g)
You agree to pay MYR10,000 per violation for each (1) Act of emulating or faking usage of the Services or (2) Act of violating or attempting to violate any security features of the Services.
D. MYR100,000 Per Instance of Unauthorized Conduct in Violation of Section 9(h)-(z)
You hereby acknowledge that certain technology can be misused to facilitate harm to Beanee, its users, and/or its affiliates on a massive scale.
You agree to pay MYR100,000 for each:
(1) Act of using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Sites or for data mining or automated data submission;
(2) Act of introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
(3) Act of interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services;
(4) Act of causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Beanee;
(5) Act of tampering with the operation, functionality, or the security of the Services, including any non-public areas of the Services;
(6) Act of attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected or any other technological measures;
(7) Act of attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
(8) Act of misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
(9) Act of accessing the Services through unauthorized connections;
(10) Act of harvesting or collecting email addresses, other contact information, or other personally identifiable information of other users or clients from the Services by electronic or other means;
(11) Act of reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
(12) Act of engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
(13) Act of forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(14) Act of deep-linking to any portion of this Services without our express written permission;
(15) Act of acting illegally or maliciously against the business interests or reputation of Beanee or the Merchants promoted via the Services;
(16) Act of hyperlinking to the Services from any other website without our initial and ongoing consent;
(17) Act of using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Beanee, including using the Services or any of its contents, including Submissions, in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages;
(18) Act of reselling or repurposing your access to the Services or any purchases made through the Services; or
(19) Act of using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Beanee to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Beanee, including without limitation, aggregating current or previously offered coupons or deals as set forth in Section 13(f)-(z).
If you have any questions or comments about these Terms, please contact us at the following address:
MilkADeal Sdn Bhd
17-2, Signature Office The Boulevard,
Mid Valley City, Lingkaran Syed Putra,
59200 Kuala Lumpur, Malaysia.
Attn: Legal Department
+603 - 2201 3850
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