Terms & Conditions
- 1. Key Terms World Cloud Ventures Sdn. Bhd. (herein after referred to as "WCV", "we" or "us" or "our") provides an online platform that connects food and beverages outlet owners (collectively, the "Seller") with purchasers looking for great food and beverages deals (collectively, the "Purchases"/ "Deals"). These purchases are accessible at www.i1happyhour.com website or any other internet domain property or mobile app of i1happyhour.com (collectively, the "Platform") through which WCV makes the purchases available and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
- 2. Terms of Service By browsing, accessing or using this platform or application or by using any facilities or services made available through it or by transacting through or on it, you are deemed to have read, understood and agreed to comply with and legally bound by the terms and conditions of these Terms of Service (Terms), whether or not you become a registered user of the services. These Terms govern your access to and use of the Platform, Application and Services and all Collective Content (defined below).
- 3. Modification We reserve the right to amend these terms and conditions at any time and it is your responsibility to review these terms and conditions on each occasion you make any purchases. All amendments to these terms and conditions will be posted online with timestamp. Continued use of site and application will be deemed to constitute acceptance of the new terms and conditions.
- 4. Eligibility The Platform, Application and available purchases/deals are intended solely for persons who are 18 or older and for non-Muslim. Any access to or use of the Platform, Application or Purchases made by anyone under 18 or Muslim is expressly prohibited. By accessing or using the Platform, Application or making purchases you represent and warrant that you are 18 or older and a non-Muslim.
- 5. How the Platform, Application and Purchases Work The Platform and Application can be used to facilitate the food and beverages deals and offers and users can make purchases. In order to view the offer, you need to first register to create an I1happyhour Account (defined below). You cannot view the offers as an unregistered visitor to the site and application.
- 6. Account Registration In order to access certain features of the Platform and Application and to make Purchase(s), you must Register to create an account ("I1happyhour" Account) and become a member. This is so that we can provide you with easy access to track your purchases and redemption and modify your preferences. You may register to join the Services directly via the Platform or Application or as described in this section. We reserve the right to decline a new Registration or to cancel an existing Registration at any time.
- 7. ORDER CONFIRMATION Upon successful completion of payment for the purchase(s), QR code(s) will be generated into your i1happyhour account visible under Transaction History page. A purchase confirmation email will be sent to your registered email address.
- 8. CANCELLATION OF ORDER/PURCHASE WCV reserves the right to cancel and agreement if the goods or services are not available for any reason. You will be notify if there is such event and refund will be done.
- 9. REFUNDS AND EXCHANGES You are responsible to review the product information and the participating redemption outlets carefully before any purchase.
- 10. LICENSE; REJECTION AND CANCELLATION; NO REDEMPTION VALUE Participating outlets operators reserve the right, without refund of any amount paid, to refuse admission to, or reject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with the Operator rules.
- 11. STANDARDS AND LIMITATION OF LIABILITY
- 1. We warrant that:
THE PLATFORM AND APPLICATION COMPRISE AN ONLINE PLATFORM THROUGH WHICH SELLER MAY CREATE LIST SELECTION OF FOOD AND BEVERAGES AND USER MAY LEARN ABOUT AND MAKE PURCHASES DIRECTLY WITH THE SELLER. THE PLATFORM AND APPLICATION ALSO ALLOW PURCHASES OF DEALS IN THE FORM OF VOUCHER FOR REDEMPTION IN ANY IDENTIFIED PARTICIPATING OUTLETS. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE PLATFORM, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE PLATFORM, VIA THE APPLICATION OR THROUGH THE PURCHASES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES.
In addition, certain areas of the Platform and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Platform, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Platform, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Platform, Application or Services. Failure to use the Platform, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
Purchases allow redemption at identified participating outlets.
The Platform, Application and any Purchase(s) are for your non-commercial, personal use only and must not be used for business.
WCV reserve the right to prevent you from using the Platform and Application (or any part of them) and to prevent you from making any Purchases.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Platform or Application, as described below. As part of the functionality of the Platform, Application and Services, you may link your i1happyhour Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to WCV through the Platform, Services or Application; or (ii) allowing WCV to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to WCV and/or grant WCV access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating WCV to pay any fees or making WCV subject to any usage limitations imposed by such third-party service providers. By granting WCV access to any Third-Party Accounts, you understand that WCV will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Platform, Services and Application via your I1happyhour Account. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your I1happyhour Account on the Platform, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or WCV's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. WCV makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and WCV is not responsible for any SNS Content.
Your I1happyhour Account and your Account profile page will be created for your use of the Platform and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. One (1) device and one (1) phone number is entitled to only one (1) active account. You may not have more than one (1) active i1happyhour Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. WCV reserves the right to suspend or terminate your i1happyhour Account and your access to the Platform, Application and Services if you create more than one (1) i1happyhour Account, or if you are seen to be using proxy IPs (Internet Protocol addresses) in order to hide the use of multiple registration; or if a non-Malaysia user pretends to be a user, or disrupts the Platform or the Service in anyway; or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your i1happyhour Account, whether or not you have authorized such activities or actions. You will immediately notify WCV of any unauthorized use of your I1happyhour Account.
WCV does not endorse any participating Seller or their Listing. You understand that Verified Images are intended only to indicate a photographic representation of the participating outlet and food and beverages serve at the time the photograph was taken. Verified Images are therefore not an endorsement by WCV.
Participating Seller are required by Merchant Terms and Conditions to provide accurate information. Although WCV may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask Seller to provide a form of government identification, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Seller and/or screen Seller information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Seller or the Seller's purported identity or background.
Should the QR code(s) of your purchase(s) not visible in your i1happyhour account or should you not receive the confirmation email of your purchase(s) or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with WCV Careline Team whether or not your order has been placed. Alternatively, you should also connect with the payment gateway support. Only you may be aware of any problem/glitch during the order process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive QR code or email confirmation.
Purchases are limited as endorsed and are non-transferable. The unauthorized resale of i1happyhour deal is strictly prohibited and legal action shall be taken upon if found. All purchases are redeemable at the identified participating outlets. It is your responsibility to check if the redemption outlet locations suits your need before any purchases are done.
Refund is usually done via the same payment method as the original purchase is done. Under special circumstances, other refund method can be considered at our sole discretion.
Policies set forth by Seller generally prohibit us from allowing exchange or refunds after goods has been redeemed.
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to goods you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by its clients, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase goods from the Platform.
Should you do so, your order may be cancelled, and we may, in its sole discretion, refuse to honour pending and future purchases made from all credit card accounts or online accounts, on which such chargebacks have been made and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Platform.
- ▪We will exercise reasonable care and skill in performing any obligation under this Agreement
- ▪We have the right to sell alcoholic beverages and that our Goods and Services are of satisfactory quality and fit for their purpose.
- ▪otherwise in relation to this Agreement or the entering into or performance of this Agreement.
- ▪The accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise.
- ▪The transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
- ▪Your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility).
- ▪Loss of revenue.
- ▪Loss of actual or anticipated profits.
- ▪Loss of contracts.
- ▪Loss of the use of money.
- ▪Loss of anticipated savings.
- ▪Loss of business.
- ▪Loss of opportunity.
- ▪Loss of goodwill.
- ▪Loss of reputation.
- ▪Loss of, damage to or corruption of data.
- ▪Any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise.
- 1. Interpretation: In this Agreement:
- ▪Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
- ▪Clause headings and clause titles are purely for ease of reference and do not form part of or affect the interpretation of this Agreement;
- ▪References to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
- ▪violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations
- ▪use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Platform, Application, Services;
- ▪use the Platform, Application, Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies WCV endorsement, partnership or otherwise misleads others as to your affiliation with WCV;
- ▪dilute, tarnish or otherwise harm the WCV brand in any way, including through unauthorized use of Content, registering and/or using WCV or I1happyhour or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to WCV or I1happyhour domains, trademarks, taglines, promotional campaigns or Content
- ▪copy, store or otherwise access or use any information contained on the Platform, Application, Services for purposes not expressly permitted by these Terms;
- ▪infringe the rights of WCV or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- ▪interfere with or damage our Platform, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- ▪use our Platform, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- ▪use our Platform, Application, Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- ▪harass any other user of our Platform, Application, Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an I1happyhour user;
- ▪register for more than one i1happyhour Account or register for an i1happyhour Account on behalf of an individual other than yourself;
- ▪recruit or otherwise solicit any I1happyhour user to join third-party services or websites that are competitive to WCV, without WCV's prior written approval;
- ▪recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
- ▪impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- ▪use automated scripts to collect information from or otherwise interact with the Platform, Application, Services;
- ▪engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services
- ▪post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- ▪systematically retrieve data or other content from our Platform, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- ▪use, display, mirror or frame the Platform, Application, Services, or any individual element within the Platform, Application, Services, WCV or I1happyhour's name, any WCV or I1happyhour trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, Application or Services, without WCV's express written consent;
- ▪access, tamper with, or use non-public areas of the Platform, Application or Services, WCV's computer systems, or the technical delivery systems of WCV's sellers;
- ▪attempt to probe, scan, or test the vulnerability of any WCV's system or network or breach any security or authentication measures;
- ▪avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by WCV or any of WCV's providers or any other third party (including another user) to protect the Platform, Services, Application;
- ▪forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Services, Application to send altered, deceptive or false source-identifying information;
- ▪attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, Services, Application;
- ▪advocate, encourage, or assist any third party in doing any of the foregoing; or
- ▪accept or make a payment for order outside i1happyhour Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold WCV harmless from any liability for such payment.
WCV has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, WCV may take a range of actions against you, including but not limited to deactivating or canceling your i1happyhour Account, for a violation of this Section or these Terms.
WCV may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against WCV or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Merchant Market Place Agreement General Terms & Condition (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of WCV, its users, or members of the public. You acknowledge that WCV has no obligation to monitor your access to or use of the Platform, Application, to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Platform, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. WCV reserves the right, at any time and without prior notice, to remove or disable access to any Content that WCV, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform, Application or Services.
Last updated on 06 March 2017