These terms and conditions (“Agreement”) govern your access to or use of all or any part of the website, software, services and or products provided via Whas.me. operated by Sorable Sdn Bhd (Company No: 201701047379 (1261555-A)) of 29-07, Jalan Riong, Bangsar, 59100 Kuala Lumpur (“Platform”) and any information, content, tools, services, products, text, graphics, photographs or other materials uploaded, downloaded, purchased, or appearing on or through the Platform (collectively referred to as “Content”).
By accessing, visiting or using the Platform, you agree that you have read, understood, accepted and to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement apply to all users of the Platform including but without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the Platform shall also be subject to the terms of the Agreement. You can review the latest version of the Agreement at any time on this page.
By agreeing to the Agreement, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Platform.
Please read this Agreement carefully before accessing or using our Platform. If you do not agree to all the terms and conditions of this agreement, please refrain from accessing the website or using any of our services provided on the Platform.
1 ACCESSIBILITY OF PLATFORM
1.1 You may use the Platform only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable laws.
1.2 The Platform is intended for users who are at least 18 years old or a duly incorporated, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
1.3 If you are entering into this Agreement on behalf of such an entity, such as your employer, you represent that you have the legal authority to bind that entity. If you specify such entity in order to use the Platform, you will be deemed to have entered into this Agreement on behalf of that entity.
1.4 You may create, access and/or use only one (1) user account on the Platform (“Account”), unless expressly permitted by us.
1.5 When you create an account on the Platform, you must provide us with current, complete and accurate information, and you agree to update your information so that it is true, accurate, current and complete at all times. We shall have no liability to you (or any third parties) arising from or in connection with your failure to maintain and update your information, including but not limited to, any claims, losses or damages from your failure to receive information about the Content and/or the Platform.
1.6 You are responsible for maintaining control over access to your Account (including safety and security, and confidentiality of your password). You are also responsible for any and all activities that occur under your Account, whether authorised by you or not, and you must notify us immediately of any suspected, threatened or actual unauthorised use of your Account or any other breach of security. We shall have no liability for any claims, losses or damages arising as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by us or a third party due to your conduct or someone else using your Account or password.
1.7 We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is unsuitable, inappropriate, obscene, or otherwise objectionable.
2 LICENSE TO USE
2.1 Subject to this Agreement and any agreements entered into by you relating to the Platform, we grant you a personal, worldwide, royalty-free, non-exclusive, non-assignable, limited and revocable licence solely for the intended use of the Platform to access the Content such as service to shorten uniform resource locators (“URL”), custom-branded link, link management, analytics products and services, and other Content.
2.2 If we lose the right to offer the Content on the Platform, discontinue or close the Platform, or otherwise unable to offer the Content, your access to the Content will terminate immediately without compensation to you.
2.3 At our sole discretion and using commercially reasonable practices, we may provide the Content in another media format.
2.4 At our sole discretion, we may update you to a more recent version of any Content, if necessary, to maintain access. The previous version(s) of such Content may not be available after the said update.
2.5 You are not allowed to:
(a) copy all or part of the Content onto a memory storage facility of any computer other than your own computer;
(b) use, sell, license or distribute the Content to third parties as a component of or as a basis for any material offered for use, sale, licence or distribution;
(c) copy, reproduce, modify, create derivate works from, distribute, sell, lease, publicly display any part of, reverse engineer or attempt to extract the source code of the Platform or the Content, or any content provided by a third party, except to the extent permitted by law, or with our prior written consent or the appropriate third party (as applicable);
(d) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices; or
(e) in any other way reproduce, copy, download, print, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or other otherwise use the Content or any portion of the Content in any form or by any means.
2.6 We reserve the right, in our sole discretion, to-
(a) reject, edit, or refuse to post and/or to remove any content from the Platform, whether or not such content is expressly prohibited by this Agreement;
(b) remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
(c) request any information and data from you in connection with your use and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data; and
(d)otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
2.7 Notwithstanding Clause 2.6, failure to comply with these rules of acceptable use constitutes a serious breach of this Agreement, and may result in our taking all or any of the following actions (with or without notice):
(a) restrict, suspend, or terminate your access to all or any part of the Platform at any time, for any or no reason, and without liability;
(b) immediate, temporary or permanent removal of any content;
(c) issuing of a warning to you;
(d) legal action against you, including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal fees) resulting from the breach; and
(e) disclosure of such information to law enforcement authorities as we reasonable feel is necessary.
2.8 We may permanently or temporarily terminate or suspend your access to the Platform without notice or liability, for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
3 USER CONTENT
3.1 You are responsible for content that you post to the Platform (“User Content”), and any consequences thereof. The User Content that you submit, post, or display may be viewed by other users of the Platform. You acknowledged that we do not assume that the User Content that you submit post or display be considered as confidential or proprietary. We are under no obligation to keep such User Content confidential. By uploading any User Content to the Platform, you acknowledge and assume the risk of doing so.
3.2 You retain your rights to the User Content you submit, post, or display on or through the Platform. By submitting, posting or displaying User Content on or through the Platform, you grant us a worldwide, non-exclusive, royalty-free, fully transferrable, perpetual licences (with the right to sublicensee) to use, host, store, copy, distribute, reproduce, process, adapt, modify, publish, transmit, create derivative works from, communicate, publicly perform, publicly display, and/or otherwise use the User Content such Content in any and all media or distribution methods (now known or later developed) as part of providing any or part of the Platform. You agree that this licence includes the right for us to provide, promote, and improve the Platform, and to make User Content submitted to or through the Platform available to other institutions or individuals as part of providing the Platform (including after termination of your use of the Platform), and in accordance with your privacy settings. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to the User Content that you submit. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates this Agreement, at our sole discretion, and without liability to you.
3.3 Further, in connection with the User Content you submit, post, or display on or through the Platform, you affirm, represent, and warrant the following:
(a) you have the written consent of each and every natural person who is identifiable in the User Content, if any, to use such person’s name or likeness in the manner contemplated by this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have obtained and are solely responsible for obtaining all consents as may be required by law to post any user content relating to third parties;
(c) your User Content and our use thereof as contemplated by this Agreement will not violate any laws or infringe any rights of any third party, including but not limited to any intellectual property rights, confidentiality and privacy rights;
(d) we may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreements, licensing arrangements or otherwise;
(e) You will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content; and
(f) You are solely responsible for any User Content you posted and their accuracy.
3.4 We are and shall be under no obligation
(a) to maintain any user content in confidence;
(b) to pay compensation for any user content; or
(c) to regularly monitor the accuracy or reliability of user content. We reserve the right to monitor, edit or remove any User Content or any part thereof from the Platform that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement, but we are not responsible for any failure or delay in such removal.
4 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1 We are not responsible if the information made available on this Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Platform is at your own risk.
4.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You understand and agree that it is your responsibility to monitor changes to our Platform.
5.1 Some parts of the service provided on the Platform are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycle are set either on a monthly or annual basis, depending on the type of subscription you select when purchasing a Subscription.
5.2 Your Subscription will automatically renew under the exact same conditions at the end of each Billing Cycle unless cancelled by either you or us. You may cancel your Subscription renewal through your online account management page or by notifying us in writing.
5.3 By submitting a valid payment information, you automatically authorise us to charge all Subscription fees incurred through your account to any such payment instruments.
5.4 Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with full payment corresponding to the billing period as indicated on the invoice.
5.5 If for any reason the Subscription is cancelled or that we discontinue our services on the Platform, you will be entitled to a refund of Subscription fees paid, calculated pro rata, for the unexpired period of your Subscription except where the cancellation is due to your breach of this Agreement. In any case, a refund will not amount to more than the fees already paid by you.
6 FREE TRIAL
6.1 We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
6.2 We reserve the right to modify the terms and conditions of the Free Trial offer and/or cancel such Free Trial offer at any time without notice.
7 ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers.
7.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8 MODIFICATIONS TO THE SERVICE AND PRICES
8.1 Prices for our products and services are subject to change without notice. We reserve the right in sole discretion to modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
8.2 We reserve the right to modify or discontinue the service provided on our Platform (or any part or content thereof) at any time without notice.
8.3 Your continued use of the service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
9 OPTIONAL TOOLS
9.1 We may provide you with access to third party tools over which we neither monitor nor have any control or input.
9.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.
9.3 Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
9.4 We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to this Agreement.
10 THIRD-PARTY LINKS
10.1 Certain Content, products and services available on our Platform may include materials from third party via links. Third party links on this Platform may direct you to third party websites that are not owned or controlled by us. Inclusion of such links are provided as a convenience and does not imply our affiliation, endorsement, adoption or sponsorship of those third party websites. By clicking on these links, you agree to do so at your own risk. We do not monitor and make no claim or representation regarding third party websites and content. We are not responsible for examining or evaluating the content or accuracy and we do not warrant or claim any liability or responsibility for any losses or damages which may be suffered by you in relation to your access and use of third party content, websites, or any other materials, products, or services of third party.
10.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please read carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
11 PERSONAL INFORMATION
12 CONFIDENTIAL INFORMATION
12.1 You will not disclose, misuse or use our Confidential Information.
12.2 “Confidential Information” means any information disclosed or made available to you by us, directly or indirectly, whether in writing, orally or visually. It includes, but is not limited to, all information contained within our reporting systems and other performance metrics, financial information such as royalty and profit sharing rates and methods, any other technical or programming information, and including personal data information about third parties we disclose or make available to you.
12.3 However, Confidential Information does not include information other than information that: is or becomes publicly known, and generally available other than through your action or inaction; or was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.
12.4 You acknowledge, consent and agree that we may access, preserve and disclose information about your Account if required to do so by law, or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with the legal process;
(b) enforce this Agreement;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect our rights, property or personal safety, our users and the public.
13 ERRORS, INACCURACIES AND OMISSIONS
13.1 Occasionally there may be information on our Platform or in the Content that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Content or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
13.2 We undertake no obligation to update, amend or clarify information in the Platform or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Platform or on any related website, should be taken to indicate that all information in the Platform or on any related website has been modified or updated.
14 PROHIBITED USES
(a) to solicit others to perform or participate in any unlawful acts;
(b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d)to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(e) to submit, upload, post, publish or provide false, inaccurate, incomplete, misleading, offensive, defamatory or libelous content or any fake news information or any materials without proof or evidence;
(f) to transfer your Account and user identification to another party without our consent;
(g) to upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any laws or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(i) to collect, track, obtain, compile, gather, transmit, reproduce, delete, revise, view, or display any material or information, whether personally identifiable or not, posted by or concerning any other persons, in connection with their or your use of the Platform, unless you have obtained the express, prior permission of such other person to do so;
(j) in any manner that could damage, disable, overburden, or impair the Platform or any network or other infrastructure used by or connected to the Platform;
(k) to interfere, or attempt to interfere with the proper working order of the Platform, any other party’s use and enjoyment of the Platform, or any activities conducted on, or in connection with the Platform;
(l) to forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of the Content transmitted through the Platform;
(m) circumvent or manipulate our fee structure, the billing process, or fees owed to us;
(n) to affect us adversely or reflect negatively on us, the Platform, our goodwill, name or reputation, or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the Platform, or from advertising, linking or becoming a supplier to us in connection with the Platform;
(o) to use the Platform for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes our rights and the rights of others;
(p) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(q) for any obscene or immoral purpose; or
(r) to interfere with or circumvent the security features of the Platform or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Platform or any related website for violating any of the prohibited uses.
15 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
15.1 You expressly agree that your use of, or inability to use, the service is at your sole risk. The Content and all products and services delivered to you through the Platform are (except as expressly stated by us) provided 'as is' and 'as available' for your use. To the extent permitted by law, we specifically disclaim any and all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
15.2 Without limiting any other provisions of this Agreement, we make no guarantee, representation and warranty about:
(a) whether the Platform will be up-to-date, uninterrupted, timely, secure, error-free or non-misleading, or that defects in the Platform will be corrected;
(b) the description, accuracy, quality, likely results or reliability of the use of the Content on the Platform, or otherwise relating to such Contents or on any sites link to the Platform;
(c) The Platform, the results that may be obtained from the use of the Platform, or the accuracy, reliability, availability, veracity, timeliness, or content of the Platform or any part of it;
(d) whether the Platform or any data, content or material will be backed up, or whether business continuity arrangements are in place in respect of the Platform
(e) any third party arrangements or any guarantee of business gained by you through the Platform or through us or any of our affiliate(s); or
(f) the Platform, or the systems or infrastructure on which the Platform is based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular functions.
15.3 While it is our intention for the Platform to be available as much as possible, there will be occasions when all or part of the Platform may be interrupted, including but not limited to, for scheduled maintenance or upgrades, for emergency repairs, or due to failure or telecommunication links and/or equipment.
15.4 The Platform may be subject to interruptions including but not limited to, scheduled maintenance or upgrades, for emergency repairs and/or limitations, delays and other problems inherent in the use the internet and electronic communications including the device / equipment used by you being faulty, not connected, out of range of mobile signals or functioning incorrectly. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.
15.5 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
15.6 You expressly agree that we, our directors, officers, shareholders, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will not be liable for any losses whatsoever including without limitation, loss of profits, data or costs of procurement of substitute goods or services, or for any other indirect, special, incidental, punitive, consequential damages arising out of or in connection with this Agreement or other intangible losses, however caused, and under whatever cause of action or theory of liability brought, even if we have been advised of the possibility of such damages, resulting from:
(a) your access to or use or inability to access or use the Platform which includes-
(1) any inadvertent inaccuracies or typographical errors which will be corrected at our discretion, as they are found,
(2) the reliance on any data or information made available through the Platform. You should not act on such data or information without first independently verifying its contents,
(3) any technical, hardware or software failure of any kind including any system, server or connection failure, error, omission, interruption, delay in transmission and/or operation, computer virus or other malicious, destructive or corrupting code, agent program or macros;
(b) any conduct or content of any third parties on the Platform, including but not limited to, any defamatory, fraudulent, misleading, offensive or illegal conduct of other users or third parties;
(c) any Content obtained from the Platform; and
(d) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
15.7 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefore.