1.1 Welcome to our application (the “APP“). This APP and/or the Vgrab Site is published by or on behalf of Hampshire Infotech Sdn Bhd (“Hampshire” or “we” or “us“) a company incorporated in Malaysia having its registered address and business address at 156 jalan utama, 10450 Georgetown. Penang. Malaysia.
2.1 (a) “Merchant” means the party who shall supply or provide or issue the Voucher;
(b) “Offer” means the deal of goods and/or services provided and offered by Merchant which such goods and/or services may in the form of Voucher or any other similar form which will be make available to you at our App and/or at our Vgrab Site;
(c) "Voucher" means the paper voucher or electronic certificate that evidences a valid Offer issued by the Merchant and contains the terms of, and unique redemption information for, such Offer;
(d) "Vgrab Site" means, collectively, the Vgrab website (http://www.vgrab.com) and other distribution channels owned, controlled or operated by Hampshire or e-mails, mobile applications or other types of electronic offerings;
(e) “Content” means any copyright, trademarks, photographs, graphics, artwork, videos, sound clips, text, and other content or materials which are contained in the APP and/or the Vgrab Site and/or used to describe the Offer and/or the Voucher.
(a) In order to use certain services in the APP and the Vgrab Site, you are required to be registered with a special account at the APP and/or the Vgrab Site ("User Account"). Your User Account will facilitate your use of various services of the APP and/or the Vgrab Site and will allow you to provide and receive current and accurate, contact and other information pertaining to your relationship with us and the Merchant.
(b) If you choose to create an User Account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials and password (a “User ID”). Access to the APP and/or the Vgrab Site is not authorised by any other person or entity using your User ID and you are responsible for preventing such unauthorised use.
(c) Hampshire rely on the User ID to know whether users accessing the APP and/or the Vgrab Site are authorised to do so. If someone accesses the APP and/or the Vgrab Site is using a User ID which is not belonged to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the APP and/or the Vgrab Site. Please notify us immediately if you become aware that your User ID is being used without authorisation.
(d) You are responsible for maintaining the confidentiality of your User Account password, and are responsible for all activities that occur under such account. You agree to immediately notify us of any unauthorized use of your password or User Account or User ID any other breach of security related to the APP and/or the Vgrab Site.
(e) Hampshire is not and will not be liable for any loss or damage arising from your failure to manage your User ID and User Account.
(f) In addition to the other rights set forth herein, Hampshire reserves the right to refuse service and/or access to the APP or the Vgrab Site to you at any time without notice for any reason.
(g) Hampshire may offer certain optional features or functionalities within your Merchant Account. If you choose to use such features, then you may be required to agree to separate terms that are specific to those features that will be disclosed and available at the time you elect any such option.
(h) You represent and warrant that you are above 18 years old and are legally competent to form a binding contract and have full power, capacity and authority to accept these Terms.
Subject to the terms and conditions stated herein, the APP/or the Vgrab Site provides you a platform to obtain (or in our wording “grab”) the Offer from the Merchant in the form of Voucher provided and issued by the Merchant and which can be redeemed from the Merchant. You may need to register to order to obtain the Voucher.
Subject to the following, we will send you administrative and promotional emails. We may send you information regarding your account activity and information of the Voucher, as well as updates about the APP and/or the Vgrab Site as well as other promotional offers after you opt-in to receiving such emails by submitting your email address to us via our webpage. If you do not wish to receive promotional e-mails, you can send an ‘unsubscribe-request to http://www.vgrab.com with your wish to opt out of further emails. You can also opt-out of our promotional e-mails at any time by clicking the ‘unsubscribe’ link at the bottom of any of such e-mail correspondence.
When you go through the procedure to obtain a Voucher, after you have confirmed your acceptance to these terms and conditions stated in the Voucher, the Voucher will be successfully obtained by you upon our confirmation either via email or any other form of manner which we deemed fit.
By obtaining the Voucher, you hereby acknowledge the Terms shall always be applicable to you.
Once you have successfully obtained the Voucher, the Voucher is redeemable by you from the Merchant stated in accordance to the terms and conditions stated in Voucher. The manner which Voucher can be redeemed will be stated on the Voucher, together with the period of validity of the Voucher. The Voucher must be redeemed within the period of validity stated on the Voucher and you will not be entitled to any refund or credit from us for unused Voucher which have expired. Any attempt by you to redeem a Voucher contrary to the terms and conditions of this Agreement may render a Voucher void at our or a Merchants discretion.
(a) the supplier of the Voucher;
(b) solely responsible for supplying you with the Voucher and redeeming the Voucher for you;
(c) We do not act as agent for the Merchant. Where a Voucher includes the sale and/or supply of alcohol, that sale and/or supply is made by the Merchant and not by us and the Merchant is responsible for complying with all applicable laws relating to that sale/supply. Where a Voucher includes the sale/supply of travel services and/or arranges for another person a right of passage, the supply of services and/or arrangements is made by the Merchant and not by us, and the Merchant is responsible for complying with all applicable laws relating to the travel services/right of passage.
Reproduction, sale, resale or trade of a Voucher is prohibited. Any attempt to carry out any of these may void the Voucher at our discretion;
Neither we nor the Merchant are responsible for lost or stolen or any Voucher or voucher reference numbers and no replacement Voucher shall be issued.
The Voucher (including, but not limited to, any discounts provided by the Voucher) expires on the date specified on the Voucher. Upon the expiry of the Voucher, the Voucher shall not be valid and the Merchant may refuse to redeem such expired Voucher at the Merchant own discretion.
All Vouchers are promotional vouchers that are offered and issued solely by the Merchant and the Voucher and are subject to this Agreement and to any terms and conditions imposed by the relevant Merchant.
The price of the Voucher (if any) does not include service charges, value added or taxes, which may be charged to you separately by the Merchant and/or the relevant retailer upon redemption of Voucher.
Merchants will have their own applicable terms and conditions, in relation to their own supply of their products and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
You warrant that all information provided to us via the APP and/or the Vgrab Site and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
It is your responsibility to ensure that any products, services or information available through the APP and/or the Vgrab Site and/or the Voucher meet your specific requirements without Hampshire being liable in whatsoever manner to you.
5.1 The APP and/or the Vgrab Site is made available for your own, personal use. The APP and/or the Vgrab Site must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the APP and/or the Vgrab Site you must comply with all applicable Malaysia laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
5.2 Subject to your compliance with the Terms, Hampshire hereby grants to you permission to use the APP and/or the Vgrab Site provided that you shall comply with all Applicable Laws and the Terms. In particular, but without limitation n the following:
(a) your use of the APP and/or the Vgrab Site is solely for your personal use and your are not permitted to use the APP and/or the Vgrab Site in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement or use the APP and/or the Vgrab Site in any other manner inconsistent with the Terms; or
(b) you shall not attempt to gain unauthorised access to the APP and/or the Vgrab Site or any networks, servers or computer systems connected to the APP and/or the Vgrab Site; or
(c) you shall not furnish any false data or attempt to circumvent our security network or in any way interrupt our services provided in the APP and/or the Vgrab Site; or
(d) you shall not resell, modify, alter, duplicate, adapt, translate, reproduce or reverse engineer any part of the APP and/or the Vgrab Site or re-format or frame any portion of the pages comprising the APP and/or the Vgrab Site, save to the extent expressly permitted by the Terms or by law.
You agree to indemnify Hampshire and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the APP and/or the Vgrab Site otherwise than in accordance with the Terms or Applicable Laws.
6.1 The copyright, trademarks, database right and other intellectual property right of any nature in all material contained on, in, or available through the APP and/or Vgrab Site including all information, logo, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Hampshire or its group companies. All rights are reserved. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Material without the prior written consent of Hampshire or the relevant group company or the relevant third party partner of Hampshire.
7.1 The APP and/or Vgrab Site may contain links to websites operated by third parties (“Third Party Websites“). Hampshire may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, Hampshire does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
9.1 YOU AGREE THAT YOUR USE OF THE APP AND/OR THE VGRAB SITE SHALL BE AT YOUR SOLE RISK. THE APP AND/OR THE VGRAB SITE IS PROVIDED ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW, HAMPSHIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND THE VGRAB SITE AND THE VOUCHER AND YOUR USE THEREOF. HAMPSHIRE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE APP AND/OR THE VGRAB SITE AND/OR THE VOUCHER AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
(A) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OF THE APP AND/OR THE VGRAB SITE AND/OR THE VOUCHER;
(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP AND/OR THE VGRAB SITE AND/OR THE VOUCHER;
(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR APP AND/OR THE VGRAB SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE OF APP AND/OR THE VGRAB SITE;
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE OF OUR APP AND/OR THE VGRAB SITE THROUGH THE ACTIONS OF ANY THIRD PARTY; AND/OR
(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OF THE APP AND/OR THE VGRAB SITE OR THE VOUCHER OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP AND/OR THE VGRAB SITE AND/OR THE VOUCHER.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY THE MERCHANT OR A THIRD PARTY THROUGH THE APP AND/OR THE VGRAB SITE OR THE VOUCHER ANY HYPERLINKED WEBSITE OR FEATURED OR OTHER ADVERTISING, AND HAMPSHIRE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THE MERCHANT AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR THE VOUCHER.
(i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
(ii) loss of goodwill or reputation; or
(iii) loss of opportunity; or
(iv) loss of, damage to or corruption of data; or
(v) special or indirect or consequential loss;
10.1 IF HAMPSHIRE IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP AND THE VGRAB SITE THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO:
(A) RINGGIT MALAYSIA TEN (RM10.00); OR
(B) THE SUMS PAID BY YOU UPON PURCHASE OF THE APP (IF ANY) WHICHEVER IS LESSER.
10.2 Nothing in these Terms shall be construed as excluding or limiting the liability of Hampshire or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by Malaysia law.
11.1 You agree to defend, indemnify and hold harmless Hampshire, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to advocate and solicitor's fees) arising from:
(a) your use of and access to the APP and/or the Vgrab Site; or
(b) your violation of any term of the Terms; or
(c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(d) any claim that of the use the APP and/or the Vgrab Site which caused damage to a third party.
This defense and indemnification obligation will survive the Terms and your use of the APP and/or the Vgrab Site.
12.1 This APP and/or the Vgrab Site is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. Hampshire will use reasonable efforts to make the APP and/or the Vgrab Site available at all times. However you acknowledge the APP and/or the Vgrab Site is provided over the internet and mobile networks and so the quality and availability of the APP and/or the Vgrab Site may be affected by factors outside Hampshire reasonable control.
12.2 Hampshire its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the APP and/or the Vgrab Site, or any difficulty or inability to download or access content or any other communication system failure which may result in the APP and/or the Vgrab Site being unavailable.
12.3 Hampshire will not be responsible for any support or maintenance for the APP and/or the Vgrab Site.
13.1 Hampshire reserves the right to suspend, terminate or cease providing any services relating to the APP and/or the Vgrab Site published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
13.2 Upon any suspension or termination, the rights and licenses granted to you herein shall be suspended or terminated and you must cease all use of the APP and/or the Vgrab Site;
14.1 We accept no responsibility for adverts contained within the APP and/or the Vgrab Site. If you agree to purchase goods and/or services from any third party who advertises in the APP and/or the Vgrab Site, you do so at your own risk. The advertiser, not Hampshire is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
(a) words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
(b) clause headings such as and clause titles (such as "Interpretation:" at the start of this Clause 15.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
(c) references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
Hampshire reserves the right to update the Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the APP to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the APP and/or the Vgrab Site. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Hampshire.
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.
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.
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.
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).
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.
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.
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.
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.
The APP and/or the Vgrab Site is controlled and offered by Hampshire from its facilities in Malaysia. Hampshire makes no representations that the APP and/or the Vgrab Site is appropriate or available for use in other locations. Those who access or use the APP and/or the Vgrab Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
For any clarification, you can contact us, at [ email@example.com ] telephone [ + 60 (04) 2266 962 ], email: [ firstname.lastname@example.org ] This Terms was last modified on [ 08 July 2015 ]