Terms of Service
1. General Description
ponpon.my is a provider of mobile coupon information (the "Services") including information on coupons of certain merchants ("Merchants"). These terms of service ("Terms") apply to use of the ponpon.my mobile application, the ponpon.my website or the mobile version thereof (the "App"). The App is the property of Organet Systems ("ponpon.my", "we", "our", "us", etc.), which is located at 20-13-09, Lorong Bukit Kukus 11060 Paya Terubong, Penang Melaysia. By accessing, using, or contributing to the Services or the App, and in consideration for the Services we provide to you, you agree to abide by these Terms. If you do not agree to be legally bound by all the following terms, please do not access and/or use the App or the Services.
ponpon.my may change these Terms from time to time, at ponpon.my's sole discretion. Your continued use of the App following the posting of such changes will constitute your assent to all such changes to these Terms. Please periodically visit this section of the App to review the current version of these Terms.
2. Community Participationn
To utilize certain portions of the App and Services, you may be required to complete a registration process and establish an account with ponpon.my ("Account"). You represent and warrant that all information provided by you to ponpon.my is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
2.2 Password and Security
As a registered user of the App and Services, you may receive or establish 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 ponpon.my immediately if you become aware of any unauthorized use of your Account(s).
ponpon.my respects the privacy of our users. The Privacy Statement provided on the App is expressly incorporated herein by reference and made a part of these Terms.
2.4 User Generated Content
ponpon.my does not pre-screen any contributed content nor does ponpon.my regularly review all contributed content, but ponpon.my has the absolute right (though not the obligation) to remove, without notice, any content posted.
By posting any content, 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 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 App: (a) adult content, pornography, explicit sexual images, or nude images; (b) content containing explicit, vulgar, or obscene language; (c) content promoting hate, abuse or destructive actions; (d) content promoting illegal activities; primarily political, religious, psychic, or metaphysical content; (e) content promoting pirated software; or (f) content intending for phishing or spreading malware.
2.5 License to ponpon.my
By posting or contributing content to the App using these Services, you are granting ponpon.my a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the App and Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of ponpon.my's license rights to others.
2.6 Acts Against the App/Services
You shall not attempt or engage in potentially harmful acts that are directed against the App or Services including, without limitation, any one or more of the following:
(a) Using the App or 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) 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 App or Services; (g) violating or attempting to violate any security features of the App; (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 App; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the App or Services; (j) interfering or attempting to interfere with the use of the App 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 App; (k) causing, allowing or assisting machines, bots, or automated services to access or use the App or Services without the express written permission of ponpon.my; (l) tampering with the operation, functionality, or the security of the App or Services; (m) attempting to override or circumvent any security or usage rules embedded into the App or Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the App, 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 App or Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the App by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the App or Services; (r) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the App; (s) 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 App without our express written permission; (v) acting illegally or maliciously against the business interests or reputation of ponpon.my, including ponpon.my, our Merchants or our services; (w) hyperlinking to the App from any other website without our initial and ongoing consent; (x) using the App or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with ponpon.my; (y) reselling or repurposing your access to the App or any purchases made through the App; or (z) using the App or any of its resources to solicit other users of the App, Merchants or other business partners of ponpon.my to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with ponpon.my, 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.
3.1 Information Accuracy
ponpon.my 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 on the App or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted on the App. ponpon.my is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted on the App. ponpon.my is not responsible for the change of information at third party Apps/shops offers including but not limited to rebate information, pricing, availability or fitness for use. You understand that ponpon.my does not and cannot review all material made available through websites linked or linking to any part of the App. ponpon.my does not warrant that the App or any functions contained in ponpon.my content on the App will be uninterrupted or error free, that defects will be corrected, or that the App or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL ponpon.my OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ponpon.my WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
You understand that any linking to or from the App does not imply in any way that ponpon.my endorses or is affiliated with any third-party website. You agree that ponpon.my bears no responsibility or liability for any content accessed or harm caused from any third-party website.
3.3 Trademark Information
You agree that all of ponpon.my's trademarks, trade names, service marks, and other logos and brand features, including "ponpon.my", displayed on the App ("Marks") are trademarks and the property of ponpon.my. You agree not to display or use ponpon.my's Marks in any manner without ponpon.my's prior permission.
4. Disclaimer of Warranties & Limitation of Liability
THIS APP IS PROVIDED BY ponpon.my ON AN "AS IS" AND "AS AVAILABLE" BASIS. ponpon.my MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS App OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS App. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS App IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ponpon.my DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ponpon.my DOES NOT WARRANT THAT THIS App, ITS SERVERS, OR E-MAIL SENT FROM ponpon.my ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ponpon.my WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS App, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS 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.
You acknowledge and agree to indemnify and hold ponpon.my, its affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the App or Services, your violation of these Terms, the infringement by you or made under your Account(s), of any intellectual property or other right of any person or entity or arising out of or related to any products or services purchased by you in connection with the App.
You are solely responsible for your interactions with Merchants and other users of the App. To the extent permitted under applicable laws, you hereby release ponpon.my from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
5.3 Termination of Service
ponpon.my disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or App, or any software provided through the App. ponpon.my reserves the right to modify, suspend, or discontinue the Services or access to the App without any notice at any time and without any liability to you.
5.4 Scope of Terms
These Terms apply to use of and contribution to the App and any account provided therefore. ponpon.my 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.
5.5 Governing Law and Entire Agreement
These Terms are governed by the laws of the State of Texas, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
© Copyright 2014 ORGANET SYSTEMS. All rights reserved.