(a) the expressions 'we', 'us' and 'our' are a reference to Provider (as herein defined), while the expressions 'you' and 'your' are a reference to you, the user of the Platforms (as herein defined);
(b) the word 'information' includes (but is not limited to) data, drawings, images, videos, written content, documents and computer files;
(c) headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter gender and vice versa;
(d) an expression importing a natural person includes any corporation or other body corporate, partnership, association, public authority, two or more persons having a joint or common interest, or any other legal or commercial entity or undertaking;
(e) references herein to Clauses are to clauses in these Terms unless the context requires otherwise;
(f) “Content” means information, data, works of art, drawings, photographs, text, articles, news, notifications, compilations, guides, descriptions, communication, graphics, images, videos, code, multimedia clips, icons, compilations, essays, captions, opinions, ideas, intellectual property, and multimedia content; and
(g) “Platforms” means the LovePENANG mobile application and website at www.LovePG.my;
(h) “Provider” means the owners and creators of LovePENANG Campaign; and
(i) “User Profile” means your ‘User Profile’ page on the Platforms.
LovePENANG is a community campaign meant to encourage the Penang community to unite and put Penang back on the map after the pandemic, and it includes initiatives such as:
• awards program(s), such as Community Awards for individuals who have helped others significantly or shown exceptional selflessness;
• sports tournaments;
• competitions; and
• other programs, tournaments, events and other activities (for example and without limitation, Fun walk and Leisure Cycle),
organized by us, and/or posted and/or advertised on or through the Platforms (“Activities”).
The Platforms are operated by the owners and creators of LovePENANG Campaign.
Here on the Platforms you can find activity schedules or listings, information on activities, competition terms and conditions, competition registration information, news and updates concerning campaigns and/or other Activities, fun polls, trivia and other useful information.
3. Acceptance of Terms
Provider provides the Platforms to you subject to these Terms. These Terms constitute an agreement between you and Provider as it relates to the use of the Platforms, irrespective of you having a registered an account on the Platforms.
Please review these Terms carefully before installation and or/acceptance. If you do not agree with any part of these Terms, do not install, or immediately discontinue use of the Platforms. The Platforms are available for your access and use only on condition that you agree to these Terms.
We reserve the right to revise and update these Terms (including the Policies and Activity T&C) at any time, without notice to you. The changes or additional terms are effective immediately upon their publication. Your continued usage of the Platforms after any changes to these Terms will mean you acknowledge and accept those changes. It shall be your sole responsibility to check these Terms for updates from time to time, which you can access on your User Profile.
In the event any part of these Terms should be determined to be invalid, void, or for any reason unenforceable, the invalid, void or unenforceable portion of such part of the Terms will be deemed to be severable and will not affect the validity and enforceability of any remaining portions of the Terms.
You are responsible for obtaining access to Platforms, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are solely responsible for those fees.
You understand that the technical processing and transmission of the Platforms may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices, and acknowledge and accept the same.
4. Policies and Activity T&Cs
We may, without notice to you, issue and publish policies from time to time governing your use of the Platforms. Such policies can be found on our website at www.LovePG.my and shall be incorporated into these Terms by reference. Such policies shall be binding on you and it shall be your sole responsibility to check our website from time to time for any such policies.
We may also, with respect to Activities, issue and publish additional terms and conditions specific to such Activities (“Activity T&C”). Activity T&C shall be incorporated into these Terms by reference and shall be binding on you and it shall be your sole responsibility to read up and understand such Activity T&C. You agree to review, understand and comply with all Activity T&C. Access and use of the Platforms or participation in Activities shall be deemed to constitute acceptance of all Activity T&C.
In the event of any inconsistency between the additional policies published from time to time, the Activity T&C and these Terms, the Activity T&C shall prevail and take precedence, followed by the additional policies and finally only these Terms.
As part of the Activities, we may, through or on the Platforms run or advertise competitions from time to time (“Competitions”).
By participating in such Competitions, you acknowledge and agree that:
(a) the relevant Activity T&C shall apply and bind you;
(b) participation is deemed acceptance of these Terms, including, without limitation, the Activity T&C;
(c) all costs associated with participation remains your sole responsibility; and
(d) all details provided by you in connection with such Competitions are true and accurate.
Participation in Competitions is, unless otherwise stated in the relevant Activity T&C, open to Malaysian citizens and PR holders only.
Employees of the Provider and their immediate families are ineligible to enter the Competitions. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
Participants under the age of 18 years must provide express written parental or guardian consent to enter the Competition. If participants under the age of 18 years do not provide express written parental/guardian consent, their entry will be deemed invalid.
We reserve the right to request proof of identity, proof of residency and proof of entry validity. Proof of identification, residency and entry considered suitable for verification is at our sole, absolute and final discretion. In the event that a winner cannot provide suitable proof, the winner will forfeit their prize in whole and no substitute prize will be offered.
By entering into Competitions, participants consent to any Content and personal information of theirs collected being used by us for the purpose(s), or directly related purpose(s), of conducting the Competition, including for marketing or promotional purposes.
We accept no responsibility for any incorrectly submitted, incomplete, late, lost or misdirected entry or, for any technical malfunction of any communications network.
Any costs arising directly or indirectly with entering the Competition are the participant’s sole responsibility.
By participating in a Competition, participants authorize and confirm that permission has been obtained from authorized persons (including but not limited to copyright, trade mark, patent and/or design owners and individuals depicted in any photographs, videos, captions, text or images) to publish the entries on the Platforms, our website or other social media or online platform or channel, or use the relevant Content in marketing, in print and/or electronically.
Unless otherwise expressly provided for, participants (or the relevant third party) retain the intellectual property rights of all material submitted. However, we reserve the right to retain, display in exhibitions, publish, catalogue, sell copies and publish thumbnails of all submissions to us or to or though the Platforms, our website and/or other social media or internet platforms or channels.
A point system may be used in connection with some Competitions. Points may be earned based on certain interactions with the Platforms, as stipulated in the relevant Activity T&C. Provider shall be the sole, absolute and final judge and awarder of points. All decisions made by Provider in connection with points shall be final and binding and shall not be challenged by you in any circumstance. Provider shall not be held accountable for any errors, omissions, mistakes or failures of any point system used in connection with Competitions, and you hereby waive your right to make any claim against Provider in connection with the same. No discussions or correspondence with participants or any other person in connection with this matter will be entered into.
Winners shall, unless expressly stated otherwise, be selected by us at our sole, absolute and final discretion. All our decisions and actions relating to the Competitions and/or redemption of the prizes are exercised at our sole, absolute and final discretion, and you hereby waive your right to make any claim against Provider in connection with the same. No discussions or correspondence with participants or any other person in connection with the matters described in this paragraph will be entered into.
Unless otherwise stated in the relevant Activity T&C, the name of winner(s) may be published on the Platforms, our social media and our website at www.LovePG.my and participants hereby consent to the same. We may, but will not be obliged to contact winner(s) directly.
The prizes for Competitions shall be subject to availability, non‐transferable and not exchangeable. All prizes shall not be exchangeable or redeemable for cash or other prizes. Transport, parking and any other costs associated with redeeming the prizes are at the winner’s expense.
We are not responsible or liable if for any reason beyond our reasonable control if any element of any prize is not provided. We may, subject to applicable laws and regulations, substitute a different prize of equivalent value in place of any prize referred to in these Terms or the Activity T&C. The prize does not include any other costs of a personal nature not stated.
Prizes must be taken as stated and no compensation will be payable if the recipient is unable to use it as stated.
We will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or any personal injury suffered or sustained in connection with a prize except for any liability that cannot be excluded by law.
We reserve the right, at our sole, absolute and final discretion to:
(a) adjudicate on the eligibility of participants;
(b) disqualify any participant reasonably suspected of any unlawful or improper conduct, such as, without limitation, dishonesty, cheating, finding loopholes or infringing a third party’s intellectual property rights; and
(c) modify, suspend, terminate or cancel the Competition, as appropriate.
By participating in the Competition, you agree to indemnify us against all and any actions, claims or damages, arising from unauthorized use of any content submitted that may be taken against us by authorized persons.
To the extent permitted by law, all participants shall release from, and indemnify us against all liability, cost, loss or expense arising out of acceptance of any prize(s) or participation in the Activities and Competitions including (but not limited to) loss of income, loss of opportunity, personal injury and damage to property, whether direct or consequential, foreseeable, due to any act or omission or otherwise.
Provider grants you a limited, non-exclusive, non-transferable licence to:
(a) download, install and use the Platforms, and any updates to it provided Provider from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and
(b) access and make personal use of the Platforms for non-commercial use (unless otherwise expressly authorized by Provider), provided the Platforms is not modified or downloaded (other than page caching) unless expressly authorized by Provider.
You will be fully responsible for any consequences resulting from any use. This licence does not include any right for resale or commercial use of the Platforms or its content. No derivative use of the Platforms or its contents or any use of data mining, robots, or similar data-gathering and extraction tools is permitted. Any unauthorized use of the Platforms will immediately terminate the licence and all the limited rights or permission granted by Provider.
In the event that you provide Provider with any Content to, through or in connection with the Platforms (including, without limitation, in connection with any Activities), you hereby grant Provider (at no cost) an unlimited, non-exclusive, transferrable, irrevocable and perpetual licence to access and make use (including commercial use) of such Content as Provider may deem fit. Without limiting the foregoing, Provider may use, distribute, reproduce, modify, adapt, and publicly display such Content for the purposes of promoting the Platforms and Activities, including for marketing and promotional purposes, and on the Platforms, Provider’s website or social media.
7. Compliance with Applicable Laws
You agree that in addition to these Terms, your access and use of the Platforms will comply with all applicable domestic and international laws, including, without limitation, all laws of Malaysia.
You represent that you are 18 years of age or older and, if you are under the age of 18 (“Minor”), you have obtained the legal consent of your parent or legal guardian (“Guardian”) to accept and agree to be bound by these Terms, and that your Guardian has read, understood and accepted these Terms.
It is the responsibility of a Minor to obtain the consent and acceptance of their Guardian as required above before accessing or using the Platforms.
If you are a Guardian who has agreed to allow a Minor under your care to use the Platforms, you agree that you shall be solely responsible for:
(a) the online conduct of such Minor;
(b) monitoring such Minor's access to and use of the Platforms; and
(c) the consequences of any use of or access to the Platforms by such Minor.
Without prejudice to any other rights of Provider, should Provider suffer any damage or other losses as a result of an action or transaction entered into by a Minor, Provider reserves the right to seek compensation for such losses from the Guardian of such Minor who caused, allowed or failed to prevent the action or transaction.
You may register and create an account on the Platforms, which will provide you access to additional features and grant you eligibility for rewards on the Platforms. When you create an account, you must provide us with some of your personal information which may include your name, phone number, date of birth and email address. You must ensure that the information you provide us is accurate and current.
In registering and creating an account, you acknowledge, consent and accept that certain information of yours will be retained, such as your name, contact details, date of birth, email address and meta-data.
Provision by you of any information that is untrue, inaccurate, threatening or offensive, or which Provider has reasonable grounds to suspect that such information is untrue, inaccurate, threatening or offensive, will give Provider the right to suspend or terminate your account and refuse any and all current or future use of the Platforms (or any portion thereof) by you.
You acknowledge, consent to and agree that Provider may access, preserve and disclose your account information and any content, communication or information provided by you on or through the Platforms to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Provider or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims of any violation of the rights of third parties, including intellectual property rights;
(d) respond to your requests for customer service; or
(e) protect the best interests of Provider and/or the rights, property or personal safety of Provider, users of the Platforms and/or the public.
You are responsible for:
(a) keeping your account information, including your password, secure; and
(b) ensuring that all use and activity carried out under your is in compliance with all relevant laws and these Terms.
We recommend that the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, drivers licence, licence plate or passport. Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your username and password, and for all activity which occurs on or through your account, whether authorized or unauthorized. You are entirely responsible for ensuring that your account is logged-out of at the end of each session when using the Platforms. You should change your password immediately if you believe that your username and password have been used without authorization. Provider shall not have any liability for your failure to comply with these obligations.
If your device is stolen or if you becomes aware of any unauthorized use of the Platforms, you remain responsible for all activity on your account.
You are and will remain at all times responsible for all actions, direct, indirect and or incidental to and or as a result of access to or use of the Platforms via your account or independently or whether the access was made by yourself or by a third party.
You acknowledge and agree that internet transmissions are never entirely secure or private, and that any message, Content or information you send to or through Provider, the Platforms or any third party website may be read or intercepted by others, even where it has been stated as being secure. Provider shall have no liability for the interception, "hacking" or other unauthorized access of information through the Platforms by unauthorized third parties.
You understand that all Content, information or communication, including, without limitation, intellectual property, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content or communication originated. This means that you, and not Provider, are entirely responsible for all Content, information or communication that you upload, post, email, transmit or otherwise make available on, to or through, or in connection with the Platforms. You understand that by using the Platforms, you may be exposed to Content, information or communication that you may consider to be offensive, immoral, indecent or otherwise objectionable. To the maximum extent permitted by applicable law, under no circumstances will Provider be liable in any way for such Content, information or communication, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content or communication posted, emailed, transmitted or otherwise made available on the Platforms. Further, Provider shall not be liable in any way (and to the maximum extent permitted by applicable law) for any Content, information, communication act, omission, representation, misrepresentation, warranty, guarantee, statement or interpretation provided by any person featured on or through, or in connection with the Platforms, and you shall not make any claim against Provider in respect of or in connection with the same.
10. Conduct and Restrictions of Use
Provider makes the Platforms available for your personal and/or internal business purposes. You may use information provided to you through your use of the Platforms solely for your personal and/or internal business purposes, provided that you:
(a) do not remove any proprietary rights notices;
(b) do not modify, or make available, any of our/Platforms Content or information supplied or the Platforms itself, to any third parties through a networked computer environment; and
(c) do not make any additional representations or warranties regarding our/Platforms Content and information on the Platforms.
You agree not to:
(a) use the Platforms for any improper, injurious, offensive or unlawful purposes and not to damage or disrupt the Platforms;
(a) trace any information of any Platforms user or visitor or otherwise use the Platforms for the purpose of obtaining information of any other user or otherwise harvest, collect or gather user data without their consent;
(b) attempt to gain unauthorized access to the Platforms or the computer systems and networks connected to the Platforms through hacking, password mining, or any other means;
(c) use any robot, search/retrieval application, or other automated device, process or means to access, retrieve, or index any portion of the Platforms;
(d) access, retrieve or index any portion of the Platforms for purposes of constructing a searchable database of data collected by the Platforms; or
(e) release the results of any performance or functional evaluation of the Platforms to any third party without our prior written approval for each such release.
You are responsible for all and any actions you take and all outcomes based on information obtained through your access and use of the Platforms.
You expressly understand and agree that your use of the Platforms is at your sole risk. The Platforms are provided on an “as is” and “as available” basis.
We do not warrant, guarantee or represent that any information on the Platforms (including, without limitation, the Content) are up-to-date, accurate, legal, complete, reliable, current, or error-free.
We do not warrant, guarantee or represent that:
(a) you will have uninterrupted, error-free or crash-free access to, and use of, the Platforms, the Content or the Activities;
(b) the Platforms, Content or Activities are available or accessible via the Platforms, or any files available for downloading will be error-free or free from viruses, faults or defects;
(c) the Platforms is absent of viruses and other harmful components;
(d) the Content available or accessible via the Platforms is accurate, complete, or suitable for a particular purpose. You must rely on your own judgment in relation to any matter of this type.
You represent and warrant that you shall not at any time use the Platforms to:
(b) submit Content that is false or inaccurate;
(c) submit Content that does not generally pertain to the designated topic or theme;
(d) submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(e) harm minors in any way;
(f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(g) submit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(h) submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(i) submit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of communication not relevant to the Platforms;
(j) submit or transmit to or through the Platforms any harassing, indecent, obscene, fraudulent, or unlawful material;
(k) submit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(l) modify, copy, distribute, reproduce, publish, licence, commercially exploit, transfer, or sell any Content, software, products, or services contained within or related to the Platforms;
(m) prepare derivative works of, or reverse engineer, the Platforms;
(n) use any part of Platforms in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any Platforms server, or interfere with any other party's use;
(o) violate any applicable local, state, national or international laws; or
(p) stalk or otherwise harass another.
By providing any Content, ideas, suggestions, documents, and/or proposals to Provider to, through or in connection with the Platforms (or any Activities posted on the Platforms) (“Submissions”), you acknowledge, agree, represent and warrant that:
(a) your Submissions do not contain confidential or proprietary information;
(b) you have all rights, licences, approvals and consents required under law and contract to make the Submissions;
(c) your Submissions do not breach any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
(d) your Submissions do not contain any unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, pornographic, hateful racially, ethnically or otherwise objectionable, defamatory, vulgar, defamatory, libelous, offensive, indecent, obscene, or otherwise unlawful material which is an invasion of privacy;
(e) your Submissions do not solicit or promote business(es) which conduct immoral or unlawful activity;
(f) Provider is not under any obligation of confidentiality, express or implied, with respect to the Submissions;
(g) Provider shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; and
(h) you are not entitled to any compensation or reimbursement of any kind from Provider under any circumstances.
You further warrant that:
(a) your use of the Platforms shall not further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
(b) your use of the Platforms shall not violate any applicable local, national or international law, or any regulations having the force of law;
(c) to the extent that you use the Platforms on behalf of another person, that the relevant person has consented to you using the Platforms on their behalf and providing their personal information; and
(d) any information or Content that you provide or upload in the Platforms is true and accurate to the best of your knowledge. You are who you say you are, that you agree to provide true, accurate, current and complete information about yourself as prompted by the any account registration process or other related forms ("Registration Data") and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You warrant that you have not submitted fictitious, false or inaccurate information about yourself, or the position you hold.
12. External Links
13. Service Suspension / Interruption
We accept no responsibility whatsoever for any problems or technical malfunction of the Platforms, any communication network or for any late or lost submissions through the Platforms.
Provider shall be entitled, without any liability, to at any time refuse, restrict, limit, modify, suspend and/or interfere or interrupt the Platforms or any part thereof, without any notice to you for the repair, improvement, modification and/or upgrade of the Platforms at any time, or for any other reason we may deem fit.
Nothing in these Terms will be construed to obligate us to maintain and support the Platforms or to supply any corrections, updates, or releases in connection therewith.
You agree that we shall not be liable to you or to any third party for any interference, interruption, refusal, restriction, limit, modification, suspension or discontinuance of the Platforms.
The Platforms is accessible via smart phones, computers and touch screen tablets with the ability to browse the Platforms on the internet. To the extent you access the Platforms through such devices, your wireless service carrier’s standard charges, data rates and other fees may apply, and we shall not be responsible for the same.
In addition, you accept that downloading, installing, or using certain parts of the Platforms may be prohibited or restricted by your device’s operating system, carrier, mobile and/or data providers, and accordingly not all parts and functions of the Platforms may work with all carriers or devices.
15. App Store / Play Store Requirements
As users of the App Store operated by Apple Inc. and/or Play Store operated by Google Play, we are bound by certain legal terms. To the extent necessary to protect our interests, such terms shall further bind you and you shall comply with such terms accordingly.
16. Privacy and Confidential Information
Use of the Platforms means that you agree to provide through electronic means any relevant information, documents and attachments in the format and to the standards described for the Platforms. It also means you agree and understand that the information will be retained in electronic form.
You acknowledge and accept that in accessing and using the Platforms, you may be causing communications to be sent, transmitted and/or stored through a variety of networks (including, without limitation, Internet service provider(s) and wireless phone network(s)) which may result in interstate or international communications, regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge and accept that your access and use of the Platforms may result in interstate and/or international data transmissions.
17. Intellectual Property Rights
Provider owns the intellectual property rights, including copyright, or has acquired the necessary licences, in Provider’s Content on the Platforms. You acknowledge and agree that the Platforms contains proprietary and confidential information and/or intellectual property that is owned or licensed by Provider and protected by the applicable intellectual property and other laws. You will not use Provider’s proprietary and confidential information and/or intellectual property in any way whatsoever except for the use of the Platforms as allowed or provided for under these Terms.
By using or accessing the Platforms, you agree to comply with all laws governing and protecting:
(a) Provider’s rights in respect of its intellectual property; and
(b) rights in respect of intellectual property of third party proprietors whose Content is found on the Platforms.
Without prejudice to the generality of the foregoing, you agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of Platforms or any Content contained therein. You shall not, without the prior written consent of Provider, mirror or frame any part or whole of the contents of the Platforms on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy any part of the Platforms (including, without limitation, the intellectual property of Provider or third party proprietors whose content is found on the Platforms), without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search platforms to direct Internet users to the Platforms).
If you breach any of these Terms, we shall be entitled (but not obliged) to terminate immediately the licence granted herein without notice to you, to block or remove your account, and to block or prevent access by you to the Platforms.
Provider takes no responsibility and assumes no liability for Content provided, shared or posted by you or any third party.
You provide Provider an irrevocable, non-exclusive, royalty free, and perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Content provided to, through or in connection with the Platforms as Provider deems appropriate. You irrevocably waive all moral rights to such Content. You represent and warrant that you own or otherwise control all rights to any such Content and that your Content does not violate these Terms. You are not entitled to any compensation or reimbursement of any kind from us for your Content under any circumstances.
If your Content (or any part thereof) is deemed unlawful, in violation of these Terms, untrue, inaccurate, offensive, defamatory, threatening, obscene, not current, incomplete, or generally of a nature that does not pertain to the designated topic or theme, or we have reasonable grounds to suspect that such information is unlawful, in violation of these Terms, untrue, offensive, defamatory, threatening, obscene, not current, incomplete or generally of a nature that does not pertain to the designated topic or theme, we shall have the right to suspend or terminate your account and refuse you future use of the Platforms (or any portion thereof) and immediately terminate these Terms without notice to you.
18. Disclaimers, Limitation of Liability, and Indemnity
The Platforms, including any Content or any products and services featured are provided in good faith on an "as is" and “as available” basis.
We have made reasonable efforts to provide accurate and current information on the Platforms, but do not present any such information as advice nor do we accept responsibility for actions taken based on the information on the Platforms.
You agree that you must evaluate, and bear all risks associated with, the use and access of the Platforms, including any Content contained therein, including any reliance on the accuracy, completeness, or usefulness of such Content.
Platforms Content does not necessarily reflect our views and opinions or those of our agents, contractors and/or affiliates. Content posted on the Platforms may reflect the views and opinions of the persons who provide or submit such Content. To the extent permitted by applicable laws, we shall not be liable for the content of any Content or for any liability, harm, loss, damages or expenses caused and/or suffered as a result of any sharing, use and/or posting of and/or appearance or publication of Content on or through the Platforms.
We reserve the right to monitor all Content and may, at our sole, absolute and final discretion remove any Content that we consider to be inappropriate, offensive or cause or may cause a breach of these Terms.
You understand, acknowledge and accept that all Content not originating from Provider are the sole responsibility of the person from whom such Content originated. As such, Provider shall not be responsible for such Content and under no circumstances shall Provider be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Platforms.
Provider disclaims all warranties or conditions, express or implied, in respect of the Platforms, Content, Activity, Competition, or otherwise as considered by these Terms, including without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose or non-infringement. This disclaimer applies to the fullest possible extent allowed by law in contemplation of any legal limits on the exclusion of implied warranties.
Provider, its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that the Platforms will meet your requirements, that the Platforms will be uninterrupted, timely, secure or error-free, that any errors in Platforms software will be corrected, or that the Platforms will be free from corruption, viruses, hacking, or other security intrusions.
Your access and download of any Content on the Platforms is done at your own risk. Provider makes reasonable efforts to ensure the Platforms are virus-free, but does not warrant or guarantee that the Platforms are free from viruses, worms, Trojan horses or other destructive code. It is your responsibility to ensure you have set up the appropriate safeguards to protect your device(s) and its information.
Provider is not responsible for any liability for any direct, indirect, incidental, consequential, exemplary, punitive or other damages resulting from the use, misuse or misinterpretation of any Content, products or services provided by the Platforms.
If, notwithstanding the foregoing, Provider is found to be liable to you for any damage or loss which arises as a result of your use of, or inability to use, the platforms, Provider’s liability shall not exceed Ringgit Malaysia One Hundred Only (RM100.00).
You agree to release, forever discharge, indemnify, defend and hold harmless Provider and its officers, directors, shareholders, partners, licensors, employees, agents, staff, hires, advisors, contractors and authorized representatives from and against any liability, loss injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind, including but not limited to lawyer's fees, relating in any way to your use of the Platforms, any Activity, any Competition, Content on the Platforms, your Content and/or Submissions, your violation of these Terms, and/or your violation of any rights of another person.
We are under no obligation to enforce these Terms on your behalf against another person. While we encourage you to let us know if you believe another person has violated these Terms, we reserve the right to investigate and take appropriate action at our sole, absolute and final discretion.
19. Provider Rights
Provider may or may not pre-screen Content that is shared, but Provider and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Platforms.
Without limiting the foregoing, Provider reserves the sole, absolute and final right to monitor and edit or remove any Submissions, Content or deactivate any account that appears to violate these Terms or which is otherwise objectionable.
You acknowledge, consent and agree that we may access, preserve and disclose your account information, personal data and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; and/or
(e) protect the rights, property or personal safety of the public.
We reserve the right to change, modify, or remove the Contents, features or any other parts of the Platforms at any time or for any reason at our sole, absolute and discretion without notice. However, we have no obligation to update any information on the Platforms.
We shall have the right, but not the obligation, to:
(a) monitor the Platforms and your activity on the Platforms for, without limitation, violations of these Terms;
(b) take appropriate legal action against anyone who, in our sole, absolute and final discretion, violates the law or these Terms, including without limitation, reporting such person to law enforcement authorities;
(c) in our sole, absolute and final discretion and without limitation, notice, or liability, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Content, communications or information or any portion thereof;
(d) in our sole, absolute and final discretion and without limitation, notice, or liability, to remove from the Platforms or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and/or
(e) otherwise manage the Platforms in a manner designed to protect our best interests, rights and property and to facilitate the proper functioning of the Platforms.
You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your access or use of the Platforms at any time and for any reason we at our sole, absolute and final discretion deem fit. Cause for such termination, limitation of access or suspension shall include but shall not be limited to:
(b) requests by law enforcement or other government agencies;
(c) discontinuance or material modification to the Platforms (or any part thereof);
(d) unexpected technical or security issues or problems;
(e) extended periods of inactivity; or
(f) engagement by you in fraudulent or illegal activities.
Further, you agree that all terminations, limitations of access and suspensions for cause shall be made at our sole, absolute and final discretion and that we shall not be liable to you or any third party for any termination of your account or access to the Platforms.
We may from time to time provide you with notices regarding any Activity, Competition and/or the Platforms, including changes to these Terms, in a manner we deem fit, including, without limitation, by email, SMS, text message, website postings, or any other reasonable means now known or hereafter developed. Notices shall be effective immediately.
In the event that you wish to report any inappropriate, infringing or unlawful Activities or Content on the Platforms, you may contact us via e-mail at admin@LovePG.my, along with the following details:
(a) identification of the allegedly inappropriate, infringing or unlawful Activities or Content;
(b) identification of the laws or material which the abovesaid Activities or Content are said to infringe (if any);
(c) information reasonably sufficient to permit us to contact you, such as your address, telephone number and email address; and
(d) a statement that you have a good faith belief that the Activities or Content complained of are inappropriate, infringing or unlawful.
We shall not be obliged to consider or investigate reports which do not meet the requirements set out above.
22. Governing Laws
These Terms shall be governed by the laws of Malaysia and any matter or dispute arising in connection with them shall be subject to the exclusive jurisdiction of the courts in Malaysia. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms is taking place or originating.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Unless expressly stated otherwise by us, and only to the degree expressly stated by us, these Terms constitute the entire agreement between you and us relating to your use of the Platforms, superseding any prior agreements between you and us.
We shall not be deemed to have waived any of our rights under these Terms unless such waiver is in writing and signed by one of our authorized officers. No delay or omission on our part in exercising any rights shall operate as a waiver of such rights.
You are not permitted, without our prior written consent, to assign or transfer any of your rights, duties or obligations under these Terms. We may, however, at any time and with no notice to you assign or transfer to any third party any of our rights, duties or obligations under these Terms.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of physical signing by the parties hereto to execute these Terms. You agree that these Terms will not be construed against us by virtue of us having drafted them.
If you experience any problems or have concerns or queries about material which appears on the Platforms, please contact Provider for assistance. You can contact the Provider via the contact details in the ‘Contact’ section of our website (www.LovePG.my) or the Love PENANG App.
1.1. LovePENANG is a community campaign by the owners and/or creators of LovePENANG Campaign (“Provider” or “we” or “our” or “us”), whereby users (“user” or “you” or “your”) will be able to participate in LovePENANG initiatives such as:
• awards program(s), such as Community Awards for individuals who have helped others significantly or shown exceptional selflessness;
• sports tournaments;
• competitions; and
• other programs, tournaments, events and other activities (for example and without limitation, Fun walk and Leisure Cycle),
(collectively, the “Activities”),
organized by the Provider, and/or posted and/or advertised on or through the LovePENANG website and online services, including but not limited to www.LovePG.my and the LovePENANG mobile application (collectively referred to as “Platforms”).
2. Collection and Processing of Personal Data
2.2. Personal Data refers to all information about you or which identifies you, whether such information directly or indirectly relates to you (or any other individual) to the extent that you (or such other individual) are identifiable from that information or from other information in our possession, including, without limitation, your name, date of birth, identification number (such as NRIC or passport number), gender, nationality, race, address, contact number, fax number, and email address.
2.3. The provision of your Personal Data is voluntary. However, if your Personal Data is not supplied, or is not satisfactory to us, you may not be able to participate in the Activities and we may not be able to (a) communicate with you, or (b) provide you with full use and/or access to all or certain portions of the Platforms.
2.4. We will also be able to access information about your general interest by accessing cookies stored on your computer and mobile phone when you visit the Platforms.
3. Purpose of Processing Personal Data
3.1. Your Personal Data may be used and processed by us for the following purposes (“Purposes”):
(a) to verify your identity;
(b) to register and monitor your user account for LovePENANG;
(c) to register your participation for the Activities;
(d) to ensure your eligibility to participate in the Activities;
(e) to allow for your participation in the Activities to among others, cast votes, submit content, engage with other users and react to the content published in the Platforms;
(f) to notify you about any important news and/or postings about LovePENANG;
(g) to notify you about benefits, changes to the features, promotions, alerts, to provide you with newsletters, updates, promotional materials and special privileges, and to send you festive greetings and LovePENANG related content;
(h) to provide you with information about the Activities, products, services, events and programmes that may be organized, managed, facilitated, provided, sponsored and/or participated by us, our subsidiaries, partners or sponsors affiliated and/or participating in LovePENANG and the Activities;
(i) to enable you to share content and interact with other users;
(j) to provide you with personalised advertising;
(k) to perform market research and to understand your user experience with the Platforms by analysing, evaluating and monitoring how you and other users use the Platforms and determining activity trends;
(l) to respond to your requests, inquiry, complaints or other communications;
(m) to provide you with user support;
(n) to ensure the safe use of the Platforms;
(p) to maintain records required for security, claims or other legal purposes;
(q) to comply with legal and regulatory requirements; and
(r) for any other purposes that is required or permitted by any law, regulations, guidelines and/or relevant regulatory authorities.
4. Storage and Retention of Personal Data
4.1. We may engage other service providers to perform functions on our behalf, in Malaysia or in any other country, and consequently may provide access or disclosure to your Personal Data to the third parties such as those listed below (this list is not exhaustive), who may store, use, collect, share and/or otherwise process your Personal Data:
(a) developers of the Platforms, including, without limitation, Tipping Point Marketing (Registration No. 201803292699 (002873143-D));
(b) technical support providers;
(c) external professional advisors and auditors, including, without limitation, banks, credit institutions, lenders, operators of centralized information systems, insurance companies and consultants; and/or
(b) governmental departments and authorities.
4.2 We store your Personal Data either in hard copies in our devices or in servers located in Malaysia or outside Malaysia. It may be necessary to transfer your Personal Data to third-party service providers based or located, partly or wholly, outside Malaysia. By continuing usage of the Platforms or without any notice by you to prevent such transfers, you hereby consent to such transfer.
4.3 We will retain any Personal Data supplied by you as long as necessary for the fulfilment of the Purposes stated in Clause 3 above or as is required to satisfy legal, or regulatory requirements or to protect our interests.
4.5 Save and except as provided in Clause 5 below, we do not offer any online facilities for you to amend or remove your Personal Data held by us.
5. Access & Correction Requests and Inquiries
5.1 Subject to any exceptions under the PDPA, you may at any time hereafter request for access to, or for correction or rectification of your Personal Data or limit the processing of your Personal Data, or seek further information from us by contacting Provider for assistance. You can contact Provider via the contact details on the ‘Contact’ section of our website (www.LovePG.my) or the Love PENANG App.
5.2 Any individual who intends to exercise the abovementioned rights shall make a written request to us. We shall, subject to exemptions, comply with the request and/or take reasonable steps not later two (2) months from the date of receipt of such request.
5.3 In respect of your right to access and/or correct your Personal Data, we have the right to refuse the requests to access and/or make any correction to your Personal Data for the reasons permitted under law, such as where the expense of providing access to you is disproportionate to the risks to your privacy.
6. Data Security and Integrity
6.1 The security, integrity and confidentiality of your Personal Data is of the highest importance to us. Once any Personal Data comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.
6.2 However, please be informed that despite the fact that we endeavour to use the most up-to-date technology and methods as commercially viable to protect your Personal Data, no security measures or encryption protocols, no matter how stringent, are perfect or impenetrable.