Entries for every draw shall will automatically stop being collected at the end of every draw’s Entry Collection Period and or other dates as may be announced by VIVIFY (“Final Date”) and automatically extinguish once Winner has been announced. The Final Date will be announced on the VIVIFY Platform or in any other manner as VIVIFY deems fit.

A VIVER will not be able to win prizes if their Validity Period has expired. For a Pass that has expired, the balance Entries will remain frozen in the Account until the Final Date, after which all Entries shall automatically extinguish. To release and activate frozen Entries and be eligible to win Prizes, a VIVER will have to renew their Pass before the closing date of each Draw.

Shortlisted candidates will be selected randomly by a computer program. These shortlisted candidates shall fill in an online form to be eligible for consideration for the giveaway prizes. VIVIFY shall select winners (“Winners”) once the online form has been filled.

Winners may be announced during the VIVIFY Events and/or on the Services or in any manner that VIVIFY deems fit. The time and date of the VIVIFY Event will be announced on the Services or in any manner that VIVIFY deems fit. VIVERs may be required to be present at the VIVIFY Event to be eligible for the Draw.

VIVIFY will announce the winners’ names and a redacted portion of their mobile telephone number in any manner that VIVIFY deems fit.

Winners will receive a prize giveaway voucher (“Giveaway Voucher”) that will be automatically credited directly into their Account together with the process or method of redeeming the prizes within one (1) week after the announcement of the Winner in that Draw.

The collection of prizes where applicable is subject to a period of up to two (2) months from the announcement of each Winner.

Any prize, in the form of a cash voucher, if any, will be automatically credited into the respective Winner’s Account within one (1) week after the announcement of the Winner in that Draw and will be immediately available for redemption. VIVIFY may credit the cash voucher in one or several denominations or tranches so that it totals the amount won by the Winner.

In certain cases, Winners will have to click redeem on the respective VIVIFY App within two (2) weeks from the Winner announcement date and submit the redemption form (“Redemption Form”). Winners may also be contacted and reminded by VIVIFY or their appointed agent to do so. The eligibility to claim the prize will be forfeited if the Winners cannot be contacted and their identities verified within thirty (30) days from the announcement date.

All-Winners if requested by VIVIFY must produce proof of identities such as an NRIC or passport and present the Redemption Form upon VIVIFY’s request for the prize redemption. The Winners may be disqualified if their identity cannot be verified.

If the Prizes requires a pick-up, VIVERs may require to be present during the collection or send a representative if allowed by MPSB and must produce the Prize Redemption Form email, a copy of the Winner’s and/or the representative’s identity card (if applicable) e.g. NRIC or passport to facilitate the transaction and for verification purposes. Winners or representative may not be able to collect the prize and/or be disqualified if their identity cannot be verified.

Prizes are given out on an “as is” basis and are non-transferable and non-exchangeable for cash or other goods, whether in part or in full unless stated otherwise. VIVIFY reserves the right to substitute any prize with another of equivalent value. All pictures are shown in any advertisement, promotional, publicity, and other materials relating to or in connection with Giveaways is/are solely for illustration purposes only and may not depict the actual color, model, or specifications of the Prize(s) and does not include any optional accessories.

All Users and Winners must abide by all laws and regulations currently in place and the terms and conditions of the party (ies) arranging and/or providing the Prize and the terms and conditions attached to the Prize if any. Giveaways shall not be valid with other ongoing campaigns, discounts, or vouchers.

VIVIFY’s the decision regarding the selection of Winners, and/or in event situation including any not covered in these Terms and Conditions, shall be final and binding on all participants in the giveaway, and no queries, challenges, or appeals may be made or entertained regarding VIVIFY’s decision on the same. VIVIFY reserves the right to reject any Entry or disqualify any participant without assigning any reasons whatsoever.

VIVERs are encouraged to visit our Site for more information on the prizes eligible to be won by successful participants of the giveaways. Notwithstanding anything in these User Terms and Conditions, VIVIFY reserves the right to amend, modify or cancel any giveaway in whole or in part with or without notice due to unforeseen circumstances as determined by VIVIFY. VIVIFY also reserves the right to impose additional terms and conditions applicable to giveaways in addition to those contained in this Section 7 without notice. All winners shall be selected by VIVIFY and the decision shall be final and not subject to appeal. To the maximum extent permitted by law, each participant in any giveaway expressly waives any claim it may have against VIVIFY howsoever connected to the giveaways.

8. CONDITIONS OF USE

As a condition of your use of the User Services, you agree that:

(a) You have reached the age of majority as defined under applicable law;

(b) You can create binding legal relations;

(c) You are not barred from receiving products or services under applicable law;

(d) You will not attempt to use the User Services with crawlers, robots, spiders, scrapers, data mining, or extraction tools, or any other functionality;

(e) Your use of the User Services will at all times comply with these User Terms and Conditions;

(f) You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;

(g) You will only make purchases on the User Services for your own use and enjoyment or as a gift for another person;

(h) You have the right to provide any information you submit to the User Services, and all such information is accurate, true, current, and complete;

(i) You will update and correct information you have submitted to the User Services, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,

(j) You will only purchase a Pass, redeem any Voucher, submit any Conversion Form or participate in other available programs through the User Services by creating an Account and using the appropriate feature on the User App.

9. ACCESS TO THE USER SERVICES

VIVIFY retains the right, at our sole and absolute discretion, to deny service or use of the User Services or an Account to anyone at any time and for any reason. While we use reasonable efforts to keep the User Services and your account accessible, the User Services and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, User App access, Card usage, QR Code and OTP Code failures or errors, or access to your Account due to circumstances both within our control (such as routine maintenance) and outside of our control.

10. MODIFICATION

We reserve the right at all times to discontinue or modify any part of these User Terms and Conditions at our sole discretion. If we make changes that affect your use of the User Services or our services, we will post notice of the change on the User Terms and Conditions page. Any changes to these User Terms and Conditions will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your Account and you should not use the User Services or any services offered through the User Services after the effective date of the changes. We suggest that you revisit our User Terms and Conditions regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the User Terms and Conditions page is adequate notice to advise you of these changes and that your continued use of the User Services or our services will constitute acceptance of these changes and the User Terms and Conditions as modified.

11. YOUR ACCOUNT

You may only create and hold one Account on the User Services for your personal use and must register with valid bank details. You are responsible for updating and correcting the information you have submitted to create or maintain your Account. As part of your account settings, you have the option to (a) save, edit, or delete your personal information; and (b) opt-out of persistent login. You understand and agree that VIVIFY shall have no responsibility for any incident arising out of, or related to, your Account settings.

You must safeguard your password and supervise the use of your Account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the User Services or transacting through your Account is you. You agree that you are solely responsible for any activity that occurs under your Account. Your Account is non-transferable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these User Terms and Conditions, including, without limitation, failure to maintain updated and correct information about your Account may result in us being unable to offer you the User Services and may result in suspension or cancellation of your Account. If your account is canceled, you may forfeit any pending, current, or future benefits such as Tokens, Vouchers, cash vouchers, giveaway entries and/or prizes, and any other forms of unredeemed value in your Account without notice. Upon termination, the provisions of these User Terms and Conditions that are, by their nature, intended to survive termination (such as any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the User Services, including, without limitation, requirements for use.

12. YOUR CONDUCT

All interactions on the User Services must comply with these User Terms and Conditions. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the User Services, we may limit or terminate your privileges on the User Services and seek other remedies, including, without limitation, suspension or cancellation of your Account or forfeiture of any Tokens, Vouchers, cash vouchers, giveaway entries and/or prizes and any other forms of unredeemed value in your Account.

While using the User Services, you will not and you will not attempt to:

(a) Impersonate any person or entity;

(b) Access data not intended for you, such as logging into a server or an account which you are not authorized to access;

(c) Make any false or fraudulent entries or provide misleading information;

(d) Engage in any illegal activities in using the User Services;

(e) Post or transmit to or via the User Services any content which is indecent, obscene, false, menacing or offensive in character with the intent to annoy, abuse, threaten or harass any person;

(f) Post or transmit to or via the User Services any content which is defamatory, seditious, incites violence or incites any other unlawful activity, or any content that would otherwise be contrary to any written law in Malaysia, or that could reasonably give rise to civil or criminal proceedings;

(g) Post or transmit to or via the User Services any content which improperly discloses confidential information or improperly discloses information that is protected under any written law in Malaysia;

(h) Advertise any products, services, or websites other than VIVIFY’s or a Collaborator’s products, services, or websites;

(i) Knowingly transmit any virus or other disabling feature to or through the User Services, or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the User Services;

(j) Interfere with, disrupt, or create an undue burden on the User Services or the associated systems, including the Collaborator App;

(k) Post or transmit to or via User Services any copyrighted or trademarked material belonging to a third party, or any material or content that infringes the rights or privacy of VIVIFY or others;

(l) Frame or mirror any part of the User Services without our written approval; or

(m) Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the User Services, or the associated systems, including the Collaborator App, or cause any other person to do so;

(n) Use the User Services or any of its resources to solicit consumers, Collaborators, or other third parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with VIVIFY;

(o) Act illegally or maliciously against the business interests or reputation of VIVIFY, our Collaborators, or our services.

13. PERSONAL DATA

We take the privacy of your Personal Data (defined in the Personal Data Protection Policy) seriously. We encourage you to carefully review our Personal Data Protection Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Personal Data Protection Policy is incorporated in and subject to these User Terms and Conditions, and available at https://vivify.com.my/privacy-policy/.

14. INTELLECTUAL PROPERTY

The User Services, any content on the User Services (including content submitted by Users or VIVERs), and the infrastructure used to provide the User Services are proprietary to VIVIFY. By using the User Services and accepting these User Terms and Conditions: (a) VIVIFY grants you a limited, personal, non-transferable, nonexclusive, revocable license to use the User Services according to these User Terms and Conditions and to any additional terms and policies set forth by VIVIFY; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the User Services without the express permission of VIVIFY.

The User Services contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the User Services are protected by copyright, trademark, and other intellectual property laws of Malaysia. VIVIFY owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of VIVIFY or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

VIVIFY owns both registered and unregistered trademarks, and the VIVIFY Trademarks and variations thereof found on the User Services are trademarks owned by VIVIFY and all use of these marks inures the benefit of VIVIFY.

Other marks on the User Services not owned by VIVIFY may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of VIVIFY unless otherwise stated, or maybe the property of their respective owners. You may not use VIVIFY’s name, logos, trademarks or brands, or trademarks or brands of Collaborators or other third parties on the User Services without VIVIFY’s express permission. 

15. UNSOLICITED MATERIALS

We do not accept or consider, directly or through any VIVIFY employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

(a) VIVIFY has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and

(b) VIVIFY will own and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.

16. DISCLAIMER OF WARRANTY

As permitted by applicable law, you expressly agree that use of the User Services is at your sole risk. Neither VIVIFY, nor its subsidiaries or affiliates or any of their respective employees, agents, Collaborators, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that use of the User Services will be uninterrupted, secure, virus-free, or error-free, nor do they make any warranty as to:

(a) The results that may be obtained from the use of the User Services; or

(b) The accuracy, completeness, or reliability of:

(i) The content on the User Services, including, without limitation, VIVIFY Offerings, Merchant Offerings, or other available programs,

(ii) Descriptions of VIVIFY Offerings, Merchant Offerings or other available programs, or

(iii) User Content provided through the User Services. The User Services and all content, User Content, Collaborator content, and other information contained on the User Services, VIVIFY Offerings, Merchant Offerings, and other available programs accessible or available through the user services, are made accessible or available on an “as is” and “as available” basis.

To the extent allowed by applicable law, VIVIFY hereby disclaims all representations, warranties, and conditions, whether express, implied, or statutory, as to the operation of the user services or the content, User Content, Collaborator content, or other information contained on the User Services or the VIVIFY Offerings, Merchant Offerings or other available programs accessible or available through the User Services, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing.

17. LIMITATION OF LIABILITY

As permitted by applicable law, in no event shall VIVIFY, its subsidiaries or affiliates or any of their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees, or agents, be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following: (a) your use of the User Services, the content, User Content, Collaborator content, including, without limitation, any personal data, and any other information either contained in the User Services or submitted by you to the User Services; (b) your inability to use the User Services; (c) modification or removal of content submitted on the User Services; (d) the VIVIFY Offerings, Merchant Offerings, and other available programs accessible or available through the User Services; (e) any goods or services purchased or obtained directly from a Collaborator; (f) these User Terms and Conditions; or (g) any improper use of information you provide to the User Services, including, without limitation, any personal data. In no event will VIVIFY’s a liability in connection with a VIVIFY Offering, Merchant Offering, and other available programs exceed the amounts paid for the applicable Pass or trial Pass.

18. ELECTRONIC COMMUNICATIONS

When you use the User Services or send emails to VIVIFY, you are communicating with us electronically and consent to receive electronic communications related to your use of the User Services. We will communicate with you by email or by posting notices on the User Services. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the User Services or from which you otherwise email us.

19. PUBLIC NATURE OF YOUR STATEMENTS

You understand and agree that all your comments, images, audio, video, or any other post in any medium or format whatsoever (“User Content”) made through User Services are public and not private. Any other person (whether or not a User) may view your User Content without your knowledge. Please do not include any Personal Data (as defined in our Personal Data Protection Policy) in your User Content. VIVIFY does not control or endorse any statement, in any medium or format whatsoever, made by Users or Collaborators through the User Services, and we specifically disclaim any liability concerning the aforementioned statements. Any User Content you post through the User Services is not confidential.

20. GRANT OF LICENCE

By posting User Content or other information on or through the User Services, you grant VIVIFY a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the User Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any User Content or information submitted above extends to use for promotions, advertising, market research, or any other lawful purpose, without limitation.

Concerning any Entry, you also allow VIVIFY to disclose or publish your personal data such as names and identities and any general information in any media, marketing, or advertising materials; and grant VIVIFY the absolute and unrestricted right to modify, use and publish any still or moving images of the participants, any audio or any testimonial for any promotional, marketing, commercial, or other related purposes, without any payment or compensation.

21. THIRD-PARTY WEBSITES

The User Services may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products, or services available on or through any such linked site or resource.

22. INDEMNIFICATION/RELEASE

You agree to defend, indemnify, and hold harmless VIVIFY, its subsidiaries, and affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you, in connection with the User Services, or any use of the User Services in violation of these User Terms and Conditions; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable law or rights of a third party.

You are solely responsible for your interactions with Collaborators and other users of the User Services. To the extent permitted under applicable laws, you hereby release VIVIFY from all claims or liability related to any product or service of a Collaborator, regardless of whether such product or service is a Merchant Offering available through the User Services, any action or inaction by a Collaborator, including, without limitation, but not limited to any harm caused to you by action or inaction of a Collaborator, a Collaborator’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Collaborator, and any conduct, speech or User Content, whether online or offline, of any other third party. 

23. FORCE MAJEURE

VIVIFY shall be excused from performance under these User Terms and Conditions to the extent it or a Collaborator is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of VIVIFY or a Collaborator, as applicable.

24. ASSIGNMENT

You may not assign these User Terms and Conditions, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of VIVIFY. Any attempted assignment that does not comply with these User Terms and Conditions shall be null and void. VIVIFY may assign these User Terms and Conditions, in whole or in part, to any third party in its sole discretion.

25. ENTIRE AGREEMENT

The User Terms and Conditions, including, without limitation, the incorporated Personal Data Protection Policy and Cookie Policy, and other terms incorporated by reference, constitute the entire agreement and understanding between you and VIVIFY concerning the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and VIVIFY concerning such subject matter.

26. DISPUTES WITH COLLABORATORS

VIVIFY shall not be responsible for any transactions that have not been confirmed by VIVIFY. VIVIFY shall not under any obligation or responsibility to investigate any disputed transaction between the VIVER or any Collaborator or any other third party.

A cancellation request for any transaction may only be made by Section 3 of these User Terms and Conditions. No Cancellation request may be made more than twenty-four (24) hours from the time of the transaction. Any Tokens involved with the cancellation request will be reinstated once the cancellation is approved.

Where VIVIFY is notified of any invalid or disputed transactions by a VIVER, VIVIFY will notify the Collaborator associated with the disputed transaction by email, and where possible accompanied by any further particulars if VIVIFY deems it necessary (“Collaborator Escalation”). For the avoidance of doubt, VIVIFY is not obligated to initiate or perform any Collaborator Escalation. If VIVIFY opts to initiate or perform any Collaborator Escalation, then the complaining VIVER shall, where requested by VIVIFY, furnish and/or provide any relevant information, documentation, or other evidence to support the complaint. If the VIVER does not provide the information, documentation, or other evidence requested, VIVIFY will consider the complaint withdrawn and the Collaborator Escalation abandoned.

27. DISPUTES WITH VIVIFY

Any disputes arising out of or related to the User Agreement, these User Terms and Conditions and/or any use by you of the User Services or VIVIFY’s services shall be governed by the laws of Malaysia, without regard to its choice of law rules and regard to conflicts of laws principles. VIVIFY and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods (“Vienna Convention”).

You submit to the exclusive jurisdiction of the courts of Malaysia.

28. NO WAIVER AND SEVERABILITY

No waiver by either you or VIVIFY of any breach or default or failure to exercise any right allowed under these User Terms and Conditions is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our User Terms and Conditions. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our User Terms and Conditions invalid, such invalidity shall not affect the enforceability of any other provisions contained in these User Terms and Conditions, and the remaining portions of our User Terms and Conditions shall continue in full force and effect.

29. CONTACT US

VIVIFY may be contacted by emailing at support@vivify.com.my or by writing to Melaka Privilege Sdn. Bhd. No. 31-2, Jalan AKP 1, Taman Ayer Keroh Permai, 75450 Melaka, Malaysia.