Usage of the Passionation Platform is subjected to Passionation’s Terms of Use, therefore access to and use of the Passionation Platform is conditional upon your agreement to and acceptance of these Terms of Use. For each and every time you use the Passionation Platform, you fully agree to be bound by these Terms of Use.

Passionation Terms of Use may be revised at any time and updated on this page. Any revisions will immediately take effect and may affect your usage of the Passionation Platform. As you are bounded to these Terms of Use every time you access the Passionation Platform, you should check any updates or revisions or whenever prompted to do so as following all updates or revisions constitutes your acceptance to the latest Terms of Use.

Passionation reserves the right to alter the Passionation Platform in any way by giving you notice through the email address that you have registered with us. Your access and use of the Passionation Platform may be terminated at any time without notification to you, even though you are subscribed to or registered an account with us. If you do not consent to these Terms of Use, you must instantly exit the Passionation Platform and delete any and all Applications related to the Passionation Platform from your device.

Passionation makes no representation that all or any elements of the Passionation Platform is suitable or accessible for use in all locations. Any costs related with downloading, installing, accessing and using Passionation’s Application, Campaign Builder, or any other general element of the Passionation Platform is solely based on your responsibility and are dependent on the service provider used.

Acceptance of Passionation Terms of Use

By registering for and/or using our Site services in any manner, including but not limited to visiting or browsing the website, you agree to this Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

A number of Services on the Site may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Terms of Use.

This Terms of Use applies to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

Arbitration Notice and Class Action Waiver

Except for certain types of disputes described In the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

Eligibility

If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of this Terms of Use in your name and on your behalf.

You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Services. This site is not targeted to nor meant for anyone who has not reached 16 years of age. If you become aware of anyone using the Passionation services who is under the age of 16, please report this to enquiry@passionation.co. We will not knowingly collect information from anyone under the age of 16.

We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside requires that you must be older than 16 to receive certain Passionation services, then the minimum age is the legally defined one.

If you are a minor, you may wish to consult your parents about what portions of the site are appropriate for you. The right to access the Services is revoked where this Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Take note that the Services are offered only for your use, and not for the use or benefit of any third party.

Registration

You may register for an Account to access the provided Services on the site such as posting to community pages on the Site. You must provide accurate and complete information and keep your Account information updated.

You shall not:

1. select or use as a username a name of another person with the intent to impersonate that person;
2. use as a username a name subject to any rights of a person other than you without appropriate authorization; or
3. use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure.
4. use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account.
5. publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or associates.

Users are required to connect with Facebook in order to utilise all page interactions such as for example, like, share, quizzes, etc. By using the Services through Facebook, you permit us to access certain information from your Facebook profile for use by the Services. You may control the amount of information that is accessible to us by adjusting your Facebook account privacy settings. By using the Services, you are authorizing us to collect, store, retain, and use, in accordance with our Privacy Policy at https://sme.passionation.co/privacy-policy, any and all information that you permitted Facebook to provide to us.

CONTENT

Definition

For purposes of this Terms of Use, the term ‘Content’ includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Acceptance to the Terms of Use, ‘Content’ also includes all User Content (as described below).

User Content

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively ‘User Content’), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. We are not liable for any User Content that is deemed offensive or vulgar to certain parties in all forms posted. We are also not accountable for all User Content that is obtained and aggregated on Passionation website from postings originating from the public or social media platforms.

Intellectual Property Rights

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the ‘Trademarks’) displayed on the Site are Trademarks of Passionation and its third-party partners. Nothing contained on the Passionation Site shall be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Passionation Site without the written permission of Passionation or such third party that may own the Trademark.

Any unauthorized commercial or personal use of the Content and Trademarks, such as copying text, images, audio and videos from the Passionation website and uploading it on any other site or devices, will violate the intellectual property rights of Passionation and/or third parties associated with Passionation and will be subjected to Passionation’s and/or those third party’s full legal rights and declarations.

User License

Subject to this Acceptance of Terms of Use, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to view, print, download, and display locally Content, to the extent we hold such rights, solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written consent from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

License Grant

By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services.

For the sake of transparency, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, including after your termination of your Account or the Services.

For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any copyrights or ‘ethical’ rights or claim resulting from our alteration of the User Content or any photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint Passionation as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that Passionation can use the User Content that you are licensing in any way Passionation sees fit to own and protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or forum.

Unless prohibited by applicable law, upon request from Passionation, you shall execute and deliver such additional instrument of license, as it may be solely deemed by Passionation, reasonably necessary to establish Passionation’s ability to use the User Content as it sees fit and that ‘Ethical Rights of Authors’ are waived under this User Agreement. Should Passionation fail to request the said license instrument as stated, that shall not be deemed a waiver of Passionation’s rights and Passionation may at a later time request the instrument.

Unless otherwise agreed upon in writing by you and Passionation, you may not use any third-party platforms, other than your own website or your own social media pages, to link to or distribute the Content.

Content Availability

We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to,

1. remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this Terms of Use), or for no reason at all and
2. to remove or block any Content from the Services.

Third-Party Affiliates

We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.

RULES OF CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services. You shall not (and shall not permit any third-party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
2. you know is false, misleading, untruthful or inaccurate;
3. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (‘spamming’);
5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
6. impersonates any person or entity, including any of our employees or representatives; or
7. includes anyone’s identification documents or sensitive financial information.

You shall not:

1. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third- party providers’) infrastructure;
2. interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
3. bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
4. run any form of auto-responder or ‘spam’ on the Services;
5. use manual or automated software, devices, or other processes to ‘crawl’ or ‘spider’ any page of the Site;
6. collect or scrape any Content from the Services; or
7. otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly):

1. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,
2. modify, translate, or otherwise create derivative works of any part of the Services, or
3. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

1. satisfy any applicable law, regulation, legal process or governmental request,
2. enforce this Terms of Use, including investigation of potential violations hereof,
3. detect, prevent, or otherwise address fraud, security or technical issues,
4. respond to user support requests, or
5. protect the rights, property or safety of us, our users and the public.

Third-Party Services

The Services may permit you to link to other websites, services or resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services or resources may contain links to the Services. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. If you believe that any linked content on other websites, services or resources violates applicable law or may be inappropriate, please notify us. We will review the linked content and may, in our sole discretion, remove the link from the Services. The inclusion of any such link does not imply any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. All provisions of this Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

WARRANTY DISCLAIMER

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

1. which users gain access to the Services;
2. what Content you access via the Services; or
3. how you may interpret or use the Content.

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services. Except where such disclaimer of liability is prohibited by applicable law, we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

The services and content are provided ‘as is’, ‘as available’ and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that:

1. the services will be secure or available at any particular time or location;
2. any defects or errors will be corrected;
3. any content or software available at or through the services is free of viruses or other harmful components; or
4. the results of using the services will meet your requirements. Your use of the services is solely at your own risk. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, agents, contractors, officers, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this Terms of Use, or infringement by you, or any third-party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.

Limitation of Liability

In no event shall we nor our affiliates, nor our or their respective directors, officers, employees, agents, partners, contractors, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services:

1. for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising),
2. for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or
3. for any direct damages in excess of (in the aggregate) RM2,000.00. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
4. for any conclusion, loss or damage of any nature whatsoever suffered or may be suffered by any part or members of the public arising from or as a result of reliance on or usage of any information relating to prize redemption schemes, lucky draws or contests, and recruitment in Passionation from portals, websites or e-mail domains which are not authorised by Passionation.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER

* It is important that you read this as this affects your legal rights.

1. Arbitration
   You agree that all disputes between you and us (whether or not such dispute involves a third-party) with regard to your relationship with us, including without limitation disputes related to this Terms of Use, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the Malaysian arbitration association’s rules for arbitration of consumer-related disputes and you and we hereby expressly waive trial by jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the Malaysian Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Terms of Use.
2. Severability
   If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Jurisdiction

This Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, including its conflicts of law rules. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of this Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Kuala Lumpur, Wilayah Persekutuan, except where the jurisdiction and venue are mandated by applicable law.

Modification

We reserve the right, in our sole discretion, to modify or replace any part of this Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check this Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to this Terms of Use constitutes acceptance of those changes.

MISCELLANEOUS

Entire Agreement and Severability

This Terms of Use is the entire agreement between you and us with respect to the Services, including use of the Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Terms of Use will otherwise remain in full force and effect and enforceable.

Import and Export Jurisdiction

Content and software from the Passionation Site may be subject to Malaysia export jurisdiction and the import jurisdiction of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the Malaysia Trade Regulations and Standards and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.

Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment

This Terms of Use is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of this Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Notices

Unless otherwise specified in this Terms of Use, all notices under this Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to enquiry@passionation.co.

No Waiver

Our failure to enforce any part of this Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of this Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Headings

The section and paragraph headings in this Terms of Use are for convenience only and shall not affect their interpretation.

How To Contact Us

Email: enquiry@passionation.co