Definitions and Interpretations
|Force Majeure||Means an act, omission or circumstances relied on by one of the parties to the agreement as a force majeure event and over which that party could not reasonably have exercised control including but not limited to failure, shortage or interruption of electrical power or supply, riots or civil commotion, strikes, lock outs or trade or labour disputes or disturbances, plague, epidemic or quarantine, pandemic, fire, flood, drought or acts of any Government or sovereign, change in any Law, acts of war or terrorism (whether real or perceived), inclement or extreme weather conditions and acts of God. An event or act shall not be excused or delayed by Force Majeure if it could not reasonably be circumvented through use of alternative sources, work around plans or other means as may be agreed between the parties.|
|Governing Law||Means the terms and conditions stipulated in the Platform shall be governed and construed in accordance with the laws of Malaysia to the extent that if any matters arising or incidental to these terms and conditions should be subject to the laws of Malaysia.|
|Product||Means all and any products offered or provided by HaloGo within any of its Platforms, either at the present or hereafter.|
|Service||Means all and any of the services provided by HaloGo via the Platform, including but not limited to the information services, content and transaction capabilities on the Platform and the availability to make a purchase.|
|Taxes||Means all taxes (including financial charges, goods and services taxes, sale and service taxes imposed by the Government), dues, duties, levies, and other related charges (any related interest and penalties) required/imposed under any law of any jurisdiction in Malaysia with respect to the prices of the Product payable to HaloGo.|
|User||Means the users of the Platform.|
|You||Means yourself as a visitor of the Platform, whether as a paying or a non-paying visitor.|
Any words and expressions used herein other than not otherwise defined in the Definition clause shall be interpreted in accordance with the standard practices of operation.
Any words importing the singular include the plural and vice versa where the context requires.
Applicability and Eligibility
- To use the Platform, the Services and/or to make any purchase, you must be thirteen (13) years of age or over.
Use of the Platform
- Your agreement to use the Services, Platform and/or conducting any purchase does not include the provision of a compatible electronic device, smartphone or any other necessary equipment by us to you in achieving any of the said purposes. To use the Platform, the Services and/or to make a purchase, you will require an internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.
- You expressly agree to use the Platform, Products and/or Services only for lawful purposes, and not to make use of the Platform, Products and/or Services for any commercial uses unless you acquire prior written approval from HaloGo.
- You agree to use the Platform in a manner consistent with all applicable laws and regulations.
- You understand that you are responsible for any content that you post or transmit on or through the Platform.
- You shall not use the Platform, Products and/or Services for any unlawful, fraudulent, criminal or otherwise illegal activities, or activities that will invade another's privacy, cause irritation, annoyance, inconvenience or unnecessary concern to any person.
- You shall not misuse the Platform. By using and accessing the Platform, you shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Platform, the Services (or any part of them) and/or from making any purchase in the event of any of the above was conducted by you.
Content and Related User Conduct
- You acknowledge that you shall have no rights to alter, replicate, reproduce, reassign, distribute or store any of the contents in the Platform without prior written approval from HaloGo.
- Specifically, you will not use the Platform and/or in the name of the Platform, to post, transmit, distribute, link to, or solicit content that:
- contains any advertising and promotional message;
- contains any region, race, religion, or political party related materials;
- violates or infringes any laws, regulatory requirements or codes;
- infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
- contains any obscene, offensive, defamatory or otherwise actionable material;
- undermines the security or integrity of the Platform, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices/items intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
- contains any errors, whether technical or otherwise; or
- contains any material in any form that would otherwise render Halo Go liable or expose HaloGo to any proceedings whatsoever.
- You may not use any automatic or manual device/item or process to monitor or copy the Platform or any portion of the content contained herein without HaloGo's express written permission.
- You may not use any device/item, software or routine to interfere or attempt to interfere with the proper working of the Platform, or to impose an unreasonable or disproportionately large load on the servers serving the Platform.
Violation of Terms
- You agree that if you are found to be involved in activities violating the instructions provided by HaloGo with regards to the use of the Platform, Products and/or Services and/or any of the activities mentioned in Clause 3 above, your account will be indefinitely frozen from access without any form of notice and a related public notice will be published. The activities mentioned in this clause shall include but not limited to:
- suspected fraudulent act in your access and/or use of the Platform;
- does not abide to the Privacy Notice of HaloGo; and/or
- involved in acts of immorality and/or defamation to the HaloGo brand and/or to any stakeholders and/or employees of HaloGo.
- HaloGo reserves the right to proceed with any further actions against you in the event that you are found to be conducting any of the activities mentioned in Clause 4.1 above, including but not limited to imposing a fee or penalty, suspension or termination of your use of the Platform, and/or take any legal actions against you, of which actions shall not be prejudicial to any parties’ rights.
- Pursuant to Clause 4.1 above, all access and/or services in your account (if any) will be disabled until your account is proven otherwise. HaloGo, in its sole discretion, may also suspend your use of the other HaloGo’s websites, mobile applications and/or any other services belonging to HaloGo which includes but not limited to the following platforms:
- HaloGo Partner Application;
- HaloGo Corporate (where applicable);
- HaloGo Lifestyle Application; and
- Any other HaloGo’s platforms as determined by HaloGo from time to time.
- All services and entitlement will resume should your account is released.
Information Submitted to Halo Go
- Except for any personal and individually identifying information which we have agreed to keep confidential; any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the Platform, via email or otherwise, will be treated as being non-confidential and non-proprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
Links/ Hyperlinks by Third Parties and Hyperlinks to Third Party Website
- The Platform may contain links and/or hyperlinks to third parties’ website which are neither owned nor controlled by HaloGo. HaloGo has no control over and shall not be responsible for any of the content, privacy policies, or security practices of the third party website, and shall not be liable for any loss or damage of any kind incurred in connection with the third party website. Additionally, HaloGo is not responsible to investigate, remove, monitor, censor or revise the content of any third party website
- You agree that caching, hyperlinking to, and framing of the Platform or any of the contents are strictly prohibited.
- HaloGo reserves all rights to disable any links to, or frames of any Platform containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
- Further, you shall indemnify and save harmless HaloGo against and from all claims, proceedings, damages, costs and expenses which may be brought against HaloGo or to which HaloGo may be subjected to by reason of you infringing or being held to have infringed any intellectual property rights.
- HaloGo shall not be liable in any way to you whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any loss, damage or liability incurred or sustained by you caused by or as a result of:
- any failure, delay, interruption to or disruption of the Platform in the transmission or reception of any data through the Platform, howsoever caused or arising;
- any loss, corruption or deletion of any data or information transmitted to or stored in any system or equipment, howsoever caused or arising;
- a Force Majeure event;
- the disclosure and/or publication by HaloGo of any information or data relating to you, howsoever caused or arising;
- the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data relating to you through the use of the Platform; and/or
- any unavoidable error, omission or inaccuracy in any information provided by HaloGo whether to you or any person and whether in any publication or as part of or in connection with the Platform or otherwise.
Disclaimer of Warranties
- You acknowledge and agree that the Services are provided on an “as is”, “as available” and “best effort” basis, and that your use of or reliance upon the Services and any content, Products or Services accessed or obtained thereby is at your sole risk and discretion.
- HaloGo undertakes to provide and ensure that the Services on the Platform be performed on “best effort” basis, however, failing which HaloGo shall not be held liable by any party. The Services provided by HaloGo pursuant to this clause shall include but not be limited to:
- ensuring that the use of the Services will be secure, timely, uninterrupted or error free or that the Services will be compatible or operate in combination with any other hardware, software, system or data;
- ensuring errors or defects in the Services will be corrected; and/or
- ensuring that the Services and our server(s) are free of viruses or other harmful components.
- All conditions, representations and warranties, whether express, implied, statutory or otherwise, including without limitation to (where applicable) any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed by HaloGo to the fullest extent permitted under the law.
- The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). HaloGo is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
- No advice or information, whether oral or written, obtained by you from us or from the Services shall create any representation, warranty or guarantee.
- HaloGo disclaims any and all liability or responsibility in relation to the Services made available through the Platform, including but not limited to the third party’s content and services. HaloGo is not responsible or liable in any manner for any third party’s content and services associated with or utilised in connection with the Services, including the failure of such third party’s content and services provided by our merchants.
- HaloGo shall have the right at any time, without prior notice, to change, modify, correct, add to, discontinue, and/or retire any aspect or feature of the Platform, Products and/or the Services, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services (or any part thereof) on any particular device or communications services. HaloGo is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of your own use of the Platform and/or the Services.
Limitation of Liability
- You expressly understand and agree that:
- HaloGo provides the usage of the Platform on an "as is", "as available" and “best effort” basis;
- HaloGo makes no warranties of any kind, whether express, implied, statutory or otherwise with respect to the information collected for or provided to you under this agreement or the Platform;
- HaloGo does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Platform or other contents accessible from the Platform;
- to the full extent permissible by applicable law, HaloGo disclaims all warranties, express, implied, statutory or otherwise, regarding or relating to the use of the Platform;
- to the full extent permissible by applicable law, (where applicable) HaloGo specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or error-free or uninterrupted usage of the Platform; and
- in no event shall HaloGo be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, Goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Platform, delays, inaccuracies or errors in the information or in the transmission of the Platform, or any information or transactions provided on or over the Platform or downloaded or hyperlinked from the Platform, or performance of the contents on this Platform, even if HaloGo has been advised of the possibility of such damages.
- In the event that you purchase any Products from the Platform, where applicable, HaloGo shall transfer to you such manufacturer's warranties as may be capable of transfer to you. You agree that this shall constitute your sole and exclusive remedy and HaloGo's sole and exclusive liability in respect of any defects, faults or failure in or of such equipment. All implied or statutory warranties and all other warranties implied by law as to merchantability, quality or fitness for a particular purpose, or otherwise arising from course of dealing or usage of trade or any other express or implied warranties or representations are excluded.
Intellectual Property Rights
- The content (including, but not limited to, information, communications, software, images and sounds contained on or available through the Platform) is provided by HaloGo, its content providers and third parties licensors. The intellectual property rights to or over the contents contained in each Platform shall vest in and solely belong to HaloGo, its content providers and/or third parties licensors. All rights are reserved. The contents of the Platform cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of HaloGo. You agree that the materials and contents contained within or provided by the Platform is for your own personal use only and may not be distributed commercially to any other third party.
- Your access to or use of the Platform should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Platform without HaloGo's prior written consent. You shall not use any of such trademarks, tradenames, logos or service marks in any manner without HaloGo's prior written consent.
- You shall indemnify HaloGo from and against all claims, proceedings, damages, costs and expenses which may be brought against HaloGo as a result of the use of such intellectual property rights or infringement by you of the same.
- HaloGo may change, suspend, or terminate all or any part of the Platform, the access or availability of the Products or Services, website/link, at any time, with or without reason and without prior notice.
- You acknowledge that the operation of HaloGo may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors. HaloGo shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Platform or the specific Product or Services, and/or website/link.
- Pursuant to clause 12.1, causes for such termination shall include, but not be limited to the following events:
- requests by law enforcement or other Government agencies;
- discontinuance of any or all part of the Platform, Product and/or Services as decided by HaloGo;
- unexpected technical or security issues or interruption, disruption or congestion problems of the Platform;
- you have engaged in fraudulent or illegal activities;
- your access or use in connection with or for the purposes of any activities on the Platform, which would or may cause any irritation, annoyance, embarrassment, harassment, disturbance or nuisance of any kind whatsoever to or otherwise be prejudicial to the interests of HaloGo or any person;
- you have perpetrated a fraud on the Platform or has conducted yourself in a manner which may result in perpetrating (or which, in the opinion of HaloGo, constitutes and attempt to perpetrate) a fraud on HaloGo or the Platform.
- You agree to fully indemnify HaloGo and its stakeholders from any losses arise as a result of unavailability of access to the Services and/or Platform.
Governing Law and Jurisdiction
- Any agreements created between you and HaloGo via this Platform will be deemed to have been made in Malaysia only and shall be governed and construed according to the laws of Malaysia. Any disputes or proceedings shall be subject to the exclusive jurisdiction of the Courts of Malaysia.
Terms & Conditions applicable to Third Party Products & Services
- All third party’s products and services (“Third Party Services”) are deemed provided to you solely and independently by manufacturer or vendor (“Vendor”) and all queries, technical support requests, complaints and/or other issues arising out of or in relation to the Third Party Services shall be forwarded to the Vendor or its call centre. The Third Party Services are provided on an "as is" basis. HaloGo, and their respective related and/or affiliated companies, disclaim and exclude all warranties (relating to the content, information, services relating to or in connection with the Third Party Services and/or as provided by the Vendor including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy) and all liability to you or anyone else (for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with your application, the Third Party Services and/or the Vendor).
Unidentified Third Party’s Products and Services
- You acknowledge and agree that HaloGo is not responsible for the availability of any unidentified third party products and services or what you access through the Platform. HaloGo shall not be held responsible or liable for any content, advertising, products or services available from such unidentified third parties. Any dealings between you and any unidentified third party advertisers or merchants found on or via the Platform, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, HaloGo is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
- HaloGo accepts no liability or responsibility for any of the unidentified third party bookings, products and services provided by such third party suppliers.
- via email at [email protected];
- via our live chat at https://www.halogo.my; or
- via our Customer Care hotline at 03-58703107.