General Terms and Conditions
- 1.1Welcome to the LOLOL platform (the “App”). This App is owned and operated by LOLOL SDN. BHD. (“LOLOL”, “Company” “us”, “we” or “our”).
- 1.2Before starting to use LOLOL platform or by enrolling as its member through the Mobile Application (“App”) or Website (“Site”), you are advised as well as deemed to have read carefully the Terms and Conditions set out below. You hereby indicate that you agree to comply with these Terms and Conditions and that you agree to comply with them by using or accessing the App or Site or any services provided through it. Your usage of any parts of the App or Site comprises your acceptance of these Terms and Conditions, which come into effect on the date you first use the App or Site. If you do not agree to these Terms and Conditions, please do not access our App or Site and use our services.
- 1.3LOLOL reserve the right, in its sole discretion, to modify, replace, revise, amend or update portions of these Terms and Conditions for any reason at any time without notice and liability to you as required by local laws. You are responsible to regularly review information posted on the App or Site to obtain timely notice of such changes. If you do not wish to be bound by these amended Terms and Conditions, you have the right to remove our App and/or delete all of your accounts on our Site. In the event of continuing use of the App or Site after amendments are done, you will be deemed to constitute acceptance of the amended Terms and Conditions.
- 1.4LOLOL reserves the right to refuse to provide you access to the App or Site or Services or to allow you to open an Account for any reason.
- 2.1“Agreement” refers to this agreement, which consists of the Agreement Form and the General Terms and Conditions, as the same may be amended, supplemented or otherwise modified from time to time.
- 2.2“App” or “Mobile App” or “Platform or “Site” or “Website” refers to the websites, mobile applications or digital properties operated directly or indirectly by LOLOL, or for or on behalf of LOLOL to facilitate online orders.
- 2.3“Delivery” refers to the transportation of products by land that shall be responsible by the Company’s listed merchants.
- 2.4“Walk in” refers to the action of ordering product online through the App or Site to be having or done on the spot in merchant’s store.
- 2.5“Merchant” refers to a third party who shall supply or provide the goods and/or services for which a Voucher can be redeemed.
- 2.6“Pick up” refers to the action of ordering food online through the App or Site to be taken away by customers’ themselves from merchants’ stores.
- 2.7“Purchase” refers to the purchase of a Voucher through the Website.
- 2.8“Register” refers to creating an account on the Website.
- 2.9“Service” or “Services” refers to all and any of the services provided by the Company via the Mobile application or Website, including but not limited to the information services, content and transaction capabilities on the Mobile Application or Website and the availability to make a Purchase.
- 2.10“Voucher” refers to a voucher purchased by the user through the Mobile Application or Website to exchange or redeem for the Voucher Products from a particular or relevant Merchant.
- 2.11“Voucher Products” refers to the products and/or services to be supplied and/or provided by the Merchant.
- 2.12“We” or “Our” or “Us” or “LOLOL” refers to the Company, LOLOL SDN. BHD.
- 2.13“You” or “Your” or “Yours” refers to LOLOL members/users/merchants’ customers, LOLOL Partners, business/marketing partners/merchants, agents, vendors, distributors, suppliers, contractors, service providers, etc. If you are a company, an entity or an organisation, references to the term “you” and “your” shall also include your employees, representatives and agents.
- 3.1The Terms and Conditions Applicability: Your usage of the App or Site, any of the Services, any Purchase made and/or any other transactions that may be performed or conducted through the App or Site are each subject to these Terms and Conditions.
- 3.2Eligibility: In order to register and use the App and Site, the Services and/or to make any Purchase, you must be eighteen (18) years of age or over. If you are under the age of 18, you must get permission from a parent or legal guardian in order to open an account and that parent or legal guardian must agree to the terms of this agreement.
- 3.3Scope: The availability of the App or Site, Services and/or any Purchase are strictly for your noncommercial, personal use only. Commercial use for any business purposes or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. For the avoidance of doubt, scraping of the App or Site (and hacking of the App or Site) is not allowed.
- 3.4Prohibitions and Prevention of usage: You shall not misuse the App or Site. 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 Website 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 App or Site, the Services (or any part of them) and/or from making any Purchase.
- 3.5Equipment: Your agreement to use the Services, the App or Site and/or the making of any Purchase does not include the provision of a computer or any other necessary equipment by us to you in achieving any of the said purposes. To use the App or Site, the Services and/or to make a Purchase, you will require 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.
- 4.1Reasons to register: You do not need to Register to use much of the functionality of the App or Site or to access much of the Services. However, certain Services and related features that may be made available on the App or Site may require registration or subscription, such as in order to make a Purchase. This is to ensure that we can provide you with easy access to print your orders, view your past purchases and modify your preferences.
- 4.3Passwords: During the App or Site registration, you need to create a password to your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or your account or any breach of security known to you. You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
- 4.4Valid email addresses: Your account must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require you to validate your account if we believe you have been using an invalid email address.
- 4.5Closing accounts: Subject to any other provisions hereinafter contained, we reserve the right to close your account if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-Malaysian user pretends to be a Malaysian user, or disrupts the App or Site or the Services in any way.
- 4.6Multiple logins: If you use multiple logins or accounts for the purpose of disrupting a community or annoying other users, we reserve the right to take any action which we deem fit against your account, your use of the App or Site and/or any of the Services.
- 5.1Formation of contract: Purchase acceptance and completion of the contract between you and the Company will only be established upon the Company issuing a confirmation of transaction of the Purchase to you. For the avoidance of doubt, we shall be entitled to refuse or cancel any purchase without giving any reasons for the same to you prior to the issue of the confirmation of transaction. No concluded contract may be modified or cancelled by you except with the agreement in writing of the Company and on terms that you shall indemnify the Company in full against all loss, costs, damages, charges and/or expenses incurred by the Company as a result of the modification or cancellation, as the case may be.
- 5.2All monetary transactions made by you on the App or Site are handled and processed by us.
- 5.3Redemption: Once you have made a Purchase, you are entitled to redeem the Voucher Products from the particular or relevant Merchant. The details of the Merchant and Voucher Products will be stated on the Voucher. Any attempted redemption of a Voucher not consistent with this Agreement may render a Voucher void at our or a Merchant’s discretion.
5.4Acknowledgement: You hereby acknowledge that the Merchants:
- 5.4.1the seller or provider of the Voucher Products;
- 5.4.2solely responsible for providing you with the Voucher Products; and
- 5.4.3solely responsible for redemption of any Voucher you have purchased.
- 5.5LOLOL cash voucher voucher is non-refundable and cannot be exchanged for cash and will not be returned to LOLOL wallet in part or full. It is valid for a single transaction only.
- 5.6Combination: It is at the discretion of the Merchant to determine whether the Voucher can be combined with any other promotions, vouchers, third party certificates or coupons.
- 5.7Lost/stolen/hacked vouchers: Neither we nor the Merchant are responsible for lost or stolen or hacked Voucher or Voucher reference numbers. No replacement will be provided in these circumstances.
- 5.8Expiry: The Voucher (including, but not limited to, any discounts provided by the Voucher) expires on the date specified on the Voucher. Any subsequent redemption upon the expiry of the Voucher will not be entertained. Strictly no extension of the expiry date from the date of issue will be allowed.
- 5.9Status of vouchers: All Vouchers are promotional vouchers that are offered for purchase below their face value and are subject to these Terms and Conditions and/or any terms and conditions as may be specified by the relevant Merchant.
- 5.10Any redemption of the Voucher is within your sole control and in your sole discretion.
- 6.1Any Goods or Services supplied by the Merchant from this App or Site is between you and the Merchant. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card, e-wallet, online banking or other payment method details that you provide are for your own credit or debit card, e-wallet, online banking or other payment method and that you have sufficient funds to make the payment.
- 6.2Once you have selected the Products you wish to order from your chosen Merchant and submit your order by clicking “Checkout” button. Once you do so, we will start processing your Order and errors cannot be corrected.
- 6.3Once you have submitted your Order, your payment has been authorized. You will not entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to the Cancellation and Refund Policy) after the confirmation from the Merchant. If you wish to change or cancel your Order, you may contact the Merchant in order to communicate your requests. However, there is no guarantee that the Merchant will agree to your request as they may have already started processing your Order.
- 6.4Where any payment you make is not authorized, your Order will not be processed or communicated to the relevant Merchant.
- 6.5On e-receipt of your Order, we will begin processing it by sending it to the relevant Merchant and will notify you via our in App notification or email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the App or Site or any Order confirmation email that you may receive each indicate that your Order has been received and is being processed by us, and it means that your Order has been accepted by the Merchant. We encourage all our Merchant to accept all Orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if the Merchant rejects your Order. However, Merchants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
- 7.1LOLOL reserves the right to reject any orders which is located too far, as per detected by its system from the Merchant. Delivery time is subject to change with the respect to the preparation time of the order, traffic, and specific distance of the products to be delivered. Delivery may proceed once customers have paid for the orders or the merchant has finished preparing the product and delivery charges. The charges will be varied for each Merchant and all the charges will be shown in the App’s order summary. The minimum order quantity is subject to the decision of Merchants.
- 7.2Delivery by LOLOL in either case. All orders are delivered by LOLOL riders. We and the Merchant will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the orders are not delivered within the estimated delivery time quoted by us, please contact the Merchants first. You may connect to our customer support and we will try to ensure that you receive your order as quickly as possible. In case of a late delivery, the delivery charge will neither be voided nor refunded by LOLOL.
- 7.3Estimated times for deliveries are provided by the Merchant and are only estimates. Neither we nor the Merchant guarantee that Orders will be delivered or will be available for collection within the estimated times.
- 7.4All risks in the ordering shall pass to you upon delivery. If you fail to accept delivery of order when our delivery riders are almost reaching or have reached to your location, you are required to inform our delivery riders in advance or when they have reached and call you, you will be given at most 10 minutes waiting tolerance from them. However, if you eventually do not show up to receive your orders after 10 minutes, LOLOL will not bear any responsibilities for the consequences. Due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
- 7.5You must ensure that at the time of delivery of orders adequate arrangements, including access where necessary, are in place for the safe delivery of such products. We cannot be held liable for any damages, costs or expense incurred to such products or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery. Merchant, who will prepare your order, aim to deliver the product to you at the place of delivery requested by you in your order; to deliver within the time confirmed by the restaurant; to inform you if they expect that they are unable to meet the estimated delivery time. Merchants and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery; Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
- 8.1Through the use of the Services, a customer may make a reservation at one of the times, venues and at the promotions offered by a Merchant. We do not however guarantee and are not responsible for the performance of the reservation, the dining services and/or the promotions (i.e. discounts), which are the sole responsibility and are to be provided and/or otherwise performed by the Merchant. We are therefore not responsible for the service, eligibility, or termination of the store or the store’s reservation with the Merchant.
8.2As provided above in these Terms, we may terminate your use of the Services and/or your Account upon your following conduct, which may include but are not limited to the following:
- a.cancel a reservation more than three times in 24 hours;
- b.arriving at the Merchant’s store at a time or with a party size other than that specified in your reservation confirmation and requesting a discount;
- c.failing to cancel a reservation which you do not plan to attend (“no-showing”);
- d.committing fraud of any kind with regards to your obligation to pay the Merchant in full for services rendered.
- 8.3Vouchers are applicable for walk-in only and cannot be used with delivery or take away.
- 8.4Prices may vary from regular products and sales on special holidays. Please contact the merchant directly to confirm products and sales on special holidays.
- 8.5We reserve the right to at any time without notice, change the terms applicable to referral and rebate credits, including the value, validity, expiration period, and/or your ability to redeem existing referral and rebate credits.
- 9.1Any contract for the supply of order for walk-in, picking up and delivering from this App or Site is between you and the Merchant; for the supply of Services from this Website any contact is between you and LOLOL. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card, e-wallet, online banking and other payment method details that you provide are for your own credit or debit card, e-wallet, online banking or other payment method and that you have sufficient funds to make the payment.
- 9.2All prices listed on the App or Site are correct at the time of publication; however, we reserve the right to alter these in the future. Product prices are inclusive of the relevant sales tax and exclusive of delivery charges. We also reserve the right to alter the Services available for sale on the App or Site and to stop Merchants or Services.
- 9.3All prices listed on the App or Site for Services by LOLOL, including order pick up, walk in and delivery reflect at the time of listing. We give great care to keep them up to date. In case the price listed is not current and the store informs us immediately after placing the order, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
- 9.4All prices for order pick up, walk in and delivery by LOLOL listed on the App or Site are correct at the time of publication, however, we reserve the right to alter these in the future.
- 9.5The total price of ordering for order pick up, walk in and delivery including charges (i.e. delivery charges for order delivery) will be displayed on the App or Site when you place your order. Customers shall make full payment on the ordered food via the payment method that provided by LOLOL.
- 9.6You may top up fund into your LOLOL digital wallet via online banking or credit/debit card when it has insufficient amount of fund. The amount fund in the digital wallet cannot be converted into cash.
- 10.1Merchant terms: You hereby acknowledge that the Merchants will have their own applicable terms and conditions in relation to the supply of Voucher Products for the redemption of the Voucher, in which you agree to and shall abide by those terms and conditions.
- 10.2Accurate information: You warrant and undertake that all information provided for register and/or in relation to the creation of your account 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.
- 10.3Contents on the Website, Services and Voucher: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
10.4Restrictions: Without limitation, you undertake not to use or permit anyone else to use the Services and/or App or Site:
- 10.4.1to send or receive any material which is not civil or tasteful;
- 10.4.2to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
- 10.4.3to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- 10.4.4to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- 10.4.5to cause annoyance, inconvenience or needless anxiety;
- 10.4.6to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- 10.4.7for a purpose other than which we have designed them or intended them to be used;
- 10.4.8for any fraudulent purpose;
- 10.4.9other than in conformance with accepted Internet practices and practices of any connected networks; or
- 10.4.10in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
10.5Forbidden uses: The following use of the Services, the App or Site and/or the Voucher are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
- 10.5.1resale of any Voucher;
- 10.5.2furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
- 10.5.3attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
- 10.5.4accessing the Services and/or App or Site in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
- 10.5.5executing any form of network monitoring which will intercept data not intended for you;
- 10.5.6sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
- 10.5.7creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
- 10.5.8sending malicious email, including flooding a user or site with very large or numerous emails;
- 10.5.9entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
- 10.5.10using the Services or App or Site (or any relevant functionality of either of them) in breach of this Terms and Conditions;
- 10.5.11unauthorised use, or forging, of mail header information
- 10.5.12engage in any unlawful activity in connection with the use of the Website and/or the Services or any Voucher; or
- 10.5.13engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the App or Site and Service.
- 11.1If you (or any other third party authorised by you) use the App or Site, the Services and/or the Voucher in contravention of these Terms and Conditions, we may suspend your use of the Services, the App or Site (in whole or in part) and/or the redemption of a Voucher.
- 11.2Upon suspension of usage, we may refuse to restore the Services or App or Site or Voucher until we receive an assurance from you, in the format that we deem acceptable that there will be no further breach of the provisions of these Terms and Conditions.
- 11.3We shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of these Terms and Conditions.
11.4Without limitation to anything else in this Clause 11, we shall be entitled to immediately or at any time (in whole or in part) to suspend your use of the Services and/or App or Site and/or suspend the use of the Services and/or Website for persons we believe to be connected (in whatever manner) to you if:
- 11.4.1you commit any breach of this Terms and Conditions
- 11.4.2we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions; or
- 11.4.3we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
- 11.5Notwithstanding any other provisions hereinafter contained, we may terminate or suspend your use of the App or Site and/or Services at any time.
- 11.6Our right of termination and/or suspension herein shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
You shall defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the App or Site and/or Services or the placement or transmission of any message, information, software or other materials through the App or Site by you or related to any violation of these Terms and Conditions by you or authorised users of your account.
13.1We warrant and represent that:
- 13.1.1we will exercise reasonable care and skill in performing any obligation under these Terms and Conditions, and
- 13.1.2we have the right and authority to sell Voucher through the App or Site.
13.2This Clause 13 prevails over all other provisions in these Terms and Conditions and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
- 13.2.1the performance, non-performance, purported performance or delay in performance of this Terms and Conditions and/or any part of the Services; or
- 13.2.2otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
- 13.3Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our Breach of Duty or these Terms and Conditions; (iii) any breach of the obligations implied by relevant local governing laws; or (iv) any other Liability which cannot be excluded or limited by applicable law.
13.4We hereby exclude all Liability in respect of:
- 13.4.1the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or App or Site or otherwise; and
- 13.4.2the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
- 13.4.3your use of any information or materials on the App or Site (which is entirely at your own risk and it is your responsibility);
- 13.4.4Voucher Products for which Vouchers may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which is Voucher may be redeemed).
- 13.5Save as provided in Clause 13.3 but subject to Clause 13.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.
- 13.6Save as provided in Clause 13.3 but subject to Clauses 13.4.3 and 13.8, our Liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this Agreement, shall not exceed RM 50. Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 13.6.
- 13.7Save as provided in Clauses 13.3 and 13.4.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this Agreement.
13.8Save as provided in Clause 13.3, we shall have no Liability for:
- 13.8.1loss of revenue;
- 13.8.2loss of actual or anticipated profits;
- 13.8.3loss of contracts;
- 13.8.4loss of the use of money;
- 13.8.5loss of anticipated savings;
- 13.8.6loss of business;
- 13.8.7loss of opportunity;
- 13.8.8loss of goodwill;
- 13.8.9loss of reputation;
- 13.8.10loss of, damage to or corruption of data; or
- 13.8.11any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Clauses 13.8.1 to 13.8.10 apply whether such losses are direct, indirect, consequential or otherwise.
- 13.9Save as provided in Clause 13.3, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) RM50; or b) 110% of any aggregate amount paid by you to us in the 6 months preceding any cause of action arising.
- 13.10The limitation of Liability under Clause 13.9 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
13.11In this Clause 13:
- 13.11.1“Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to “this Agreement” shall be deemed to include any collateral contract); and
- 13.11.2“Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
- 15.1We may place advertisements in different locations on the Website and at different points during your use of the Website and/or Services. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
- 15.2You are free to select or click on advertised goods and services or not as you see fit
- 15.3Any advertisements may be delivered by LOLOL SDN. BHD.
- 17.1All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs) whether registered or unregistered) in the Apps or Sites and Service, information content on the Apps or Sites or accessed as part of the Service, any database operated by us and all the Apps and Sites designs, text and graphics, software, photos, videos, musics, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the sole and exclusive of our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
- 17.2None of the materials listed in Clause 17.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Apps or Sites on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
- 17.3All rights (including goodwill and, where relevant, trademarks) in the trade name of LOLOL are owned by us (or our licensors). Other product and company names mentioned on the Apps or Sites are the trademarks or registered trademarks of their respective owners.
- 17.4Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
- 17.5The authors of the literary and artistic works in the pages in the Apps or Sites have asserted their moral rights to be identified as the author of those works.
- 17.6Subject to Clause 17.7, any material you transmit or post or submit to the Apps or Sites (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Apps or Sites or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
17.7All comments, suggestions, ideas, notes, drawings, concepts or other information:
(i) disclosed or offered to us by you; or
(ii) in response to solicitations by us regarding the Service or the Apps or Sites; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
18.1Interpretation: In this Agreement:
- 18.1.1words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
- 18.1.2the headings and titles for each clause are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and’
- 18.1.3references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
- 18.2No partnership/agency: Nothing in this Terms and Conditions 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.
- 18.3No other terms: Except as expressly stated in this Terms and Conditions, 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.
- 18.4Assignment: You shall not assign or delegate or otherwise deal with all or any of your rights or obligations under this Terms and Conditions without our prior written consent. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Terms and Conditions to any person.
- 18.5Force majeure: We shall not be liable for any breach of our obligations under this Terms and Conditions 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).
- 18.6Entire agreement: This Terms and Conditions contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to the establishment of formation of contract contemplated herein except as expressly stated in this Terms and Conditions. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Terms and Conditions (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Terms and Conditions) and that party’s only remedies shall be for breach of contract as provided in this Terms and Conditions. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
- 18.7No waiver: No waiver by us of any default of yours under this Terms and Conditions 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 Terms and Conditions.
- 18.8Notices: Unless otherwise stated within this Terms and Conditions, 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) by pre-paid post, to you at the address you supplied to us or to us at our registered office.
- 18.9Third party rights: All provisions of this Terms and Conditions apply equally to and are for the benefit of LOLOL, its subsidiaries, any holding companies of LOLOL, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Terms and Conditions may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Terms and Conditions is otherwise enforceable pursuant to the relevant local governing laws by any person who is not a party to it.
- 18.10Survival: In any event, the provisions of Clauses 12, 13 and 17 of this Terms and Conditions, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Terms and Conditions or your use of the Apps or Sites and/or Services. In the event you use the Apps or Sites or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Apps or Sites or Service. In the event you use Voucher bought under this Terms and Conditions, then those provisions applicable to Voucher will survive termination of this Terms and Conditions or your use of the Apps or Sites and/or Services.
- 18.11Severability: If any provision of this Terms and Conditions 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.
- 18.12Governing law: This Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the relevant local governing laws and both parties hereby submit to the exclusive jurisdiction of the courts of the respective cities listed on the Apps or Sites.
- 19.1We have in place a policy on Apps or Sites information security. Amongst other things, the information security policies govern the operations of the electronic commerce business including the security, integrity and confidentiality of information transmitted through the Apps or Sites.
- 19.2The policies mentioned below and their brief purpose reflects our commitment to Data Protection. For more info, you may reach customer service at [email protected]
- Reflect the Company’s information security & privacy objectives.
- Prevent the unauthorized use of or access to our information systems.
- Maintain the confidentiality, integrity, and availability of information
- Support privacy sensitivity and responsible use of personally identifiable information.
- Support compliance with the privacy disclosures made to customers and others.