USER TERMS AND CONDITIONS
These User Terms and Conditions were last updated on 25th December 2020.
Thank you for visiting our website or downloading the VIVIFY mobile application!
VIVIFY aims to bring you interesting content, information, and activities as well as exciting offers around you. Be prepared to immerse yourself with local stories and equip yourself with essential information to guide you on your trip. We also aim to bring you enriching events as well as and giveaways.
Our users will be entitled to perks such as discounts, freebies, and special prices, activities that celebrate better social change, history and culture, access to local hidden gems and local stories, and cash vouchers and giveaways.
By continuing on this website or the VIVIFY mobile application, you agree to be bound by these User Terms and Conditions and you are encouraged to read these very carefully.
1. ACCEPTANCE OF USER TERMS AND CONDITIONS
Melaka Privilege Sdn Bhd. (“VIVIFY”, “we” or “us” or “ our ”) owns and operates the website, www.vivify.com.my, the mobile and touch versions and any sites we have now or in the future that reference these User Terms and Conditions (collectively, “Site”), the VIVIFY mobile application (“User App”), the VIVIFY Collaborator mobile application (“Collaborator App”), the VIVIFY privilege card (“Card”), the “”,“”,“”,“” trademarks (collectively, “VIVIFY Trademarks”) and all content contained in or published on our social media accounts. The Site, the User App, the Card, and/or any related or ancillary services shall be collectively referred to as the “User Services”.
By (a) using the User Services, (b) signing up for an account on the User App (“Account”) and/or (c) completing any transaction through the User Services, you (or the “User”) agree to the User Agreement (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Personal Data Protection Policy, incorporated herein by reference and located at https://vivify.com.my/privacy-policy/ (“Personal Data Protection Policy”), and acknowledge that you will regularly visit the User Terms and Conditions to familiarise yourself with any updates. The Personal Data Protection Policy, together with these User Terms and Conditions, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “User Agreement”. The term “use” and its derivatives also include any person or entity that accesses or uses User Services and/or any related or ancillary services with crawlers, robots, data mining, or extraction tools, or any other functionality.
If you do not agree to these User Terms and Conditions, immediately stop using the User Services and do not continue participating in any program or purchase any Pass, use any Token, Card, Voucher, or other good or service offered through the User Services.
2. BENEFITS OF THE USER APP
All Users of the User App shall have access to various features that may be rolled out from time to time. These include:
Through the User App, Users can immerse themselves in a particular city. The first deployment of the User App shall focus on Melaka, Malaysia, and through the User App, Users will have access to the history and culture of Melaka, how to explore Melaka, the available attractions, food and beverage outlets, essential contacts, and other information to enrich the User’s experience.
VIVIFY shall in no way be responsible for misinformation to be found on the User App, which information is provided for general knowledge purposes only and we make no representation that such information will be reliable, genuine, or up-to-date. Additionally, VIVIFY shall not be responsible for any loss or damage, howsoever arising, from the User’s use of the User App, including for any loss or damage arising from a User’s reliance of or acting upon the Information Gateway.
Activities and Stories
VIVIFY aims to bring the Users current information on available activities such as:
Additionally, VIVIFY will provide local content such as trivia, folktales, and anecdotes unique to the geographic location.
VIVIFY shall not be responsible for the availability, status, or any conditions that may third parties my impose to access the activities that may be listed on the User App.
Users will be able to utilize the chat platform on the User App to communicate with Merchants (defined below) for inquiries related to the Merchant Offerings, outlets, products and services, amenities, address, operating hours, and contact details. While VIVIFY will use reasonable efforts to ensure that the essential details of the Merchants are available and up-to-date, we will not be responsible for any mistakes, errors, or omissions regarding the details of the Merchants and/or the Merchant Offerings.
3. CREDIT SYSTEM
Users may redeem Merchant Offerings and VIVIFY Offerings (both defined below) using the VIVIFY credit system (“Credit System”).
To use the Credit System, Users must first sign up via the User App and obtain VIVIFY tokens (“Tokens”). All successfully onboarded Users will receive a free trial Pass and three (3) complimentary Tokens, valid throughout the one (1) month (30 days) trial period, subject to VIVIFY’s verification of the User’s phone number.
Users may earn Tokens by purchasing a VIVIFY lifestyle pass (“Pass”) which will entitle them to further Tokens and/or a Card, corresponding to the Pass level (“Pass Tier”) purchased. Purchasing a Pass through the User App is made via the RAZER PAY WALLET (M) SDN. BHD Online Payment Gateway service. If Users wish to purchase a Pass, they may do so through the User App. Users who have purchased a Pass (“VIVERs”) will be entitled to exclusive offers only available to VIVERs through the Credit System. If a User wishes to purchase a Pass through the User App, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit/debit card information. VIVIFY will not be held responsible for any fraud arising from the disclosure of payment details. VIVIFY shall not be responsible for any transactions declined by the approving bank or payment provider.
Occasionally, VIVIFY may make available a physical Card to be used to store Tokens. Currently, physical Cards are only available through selected VIVIFY events and for the one-year Pass Tier. Cards may be used in the same manner as the User App to exchange Tokens for Vouchers described in further detail below. New Cards are not automatically registered or activated and will only be activated upon the first scan transaction with a Merchant.
Passes may be purchased through the User App’s ‘Buy Pass’ page and these are digital Passes stored on the User App. Additionally, Users may purchase a printed gift Pass via participating Merchant outlets or a digital gift Pass via the User App, that may be gifted to third parties (collectively, “Gift Pass”). All Gift Passes must be activated on the User App by keying in the activation code on the User App. VIVIFY does not accept liability whatsoever, including liability for negligence, concerning the loss or damage of printed Gift Passes (“Printed Gift Pass”). It is the buyer’s full responsibility to store the Printed Gift Pass securely. VIVIFY is not responsible for the loss or damage of the Printed Gift Pass and no replacement activation code will be generated for the buyer or recipient of either the Gift Pass or the Printed Gift Pass.
After successful activation, the Pass is valid for a set period of time “Validity Period”, corresponding to the Pass Tier as follows:
The above pricing, Card eligibility or availability, Token eligibility, and existing promotions are subject to change.
As part of VIVIFY’s EARLY BIRD promotion, VIVERs renewing their Pass for a tier equal to or lower than their current Pass Tier will receive a 10% discount on the Pass purchase price. VIVERs upgrading their Pass to a Pass Tier higher than their current Pass Tier will receive a 20% discount, provided in all cases that the upgrade occurs before the expiry of the Pass and the code EARLYBIRD is applied during the pass purchasing process.
THE ABOVE TABLE IS FOR EXAMPLE PURPOSES ONLY.
VIVIFY may refuse an application to purchase a Pass and, to the extent permitted by law, may terminate the validity of a Pass without notice and for any reason. VIVIFY reserves the right not to disclose the reasons for such refusal or termination.
Termination of a Pass will result in forfeiture of remaining Tokens, Vouchers, or giveaway Entries in a VIVER’s Account. A VIVER may at any time terminate his or her Pass by giving the notice to VIVIFY. If an Account is closed, the VIVER’s right to redeem Tokens, Vouchers, or giveaway prizes from that Account is waived by the VIVER and the VIVER shall not be entitled to any refund or compensation whatsoever.
VIVIFY may also deduct from the Token balance in an Account without notice in the following circumstances: –
(a) Any Token suspected to be fraudulently recorded; or
(b) Any Token was recorded in error as determined in VIVFY’s sole and absolute discretion.
At the expiry of any Pass corresponding to the Pass Tier purchased by the User, all remaining unexchanged Tokens, Entries, & earned Vouchers will be frozen for a maximum period of thirty (30) days (“Freeze Period”). During the Freeze Period, the User may renew his Pass to reactivate his Tokens, Entries, & earned Vouchers. If, after the Freeze Period, the User does not renew his Pass, then all the Tokens, Entries, & earned Vouchers are forfeit and the User shall have no claims, nor be entitled to any refunds, Vouchers, or any other form of compensation in any form whatsoever.
VIVIFY is not responsible for the loss or damage of any Cards or Printed Gift Passes. VIVIFY is not obliged to replace or repair any Card or Printed Gift Pass.
4. MERCHANT OFFERINGS
The User Services are a platform through which users may use VIVIFY’s credit system to redeem VIVIFY event packs and offer vouchers that can be exchanged for certain benefits with our participating merchants (“Merchants”) or VIVIFY. Unless expressly stated otherwise, VIVIFY is not an agent, in a partnership, or a joint venture with any Merchant.
Merchants may offer, without limitation, but subject to the terms and conditions that may be imposed by that Merchant:
(a) discounts on goods and services;
(b) special prices on goods and services;
(c) gifts, prizes, and free offers; and
(d) Stamping vouchers,
collectively, “Merchant Offerings”.
Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided. Merchants are also solely responsible to ensure that the Merchant Offerings remain available for an exchange for so long as that Merchant is a participating merchant. VIVIFY gives no representation or warranty concerning the quality or fitness for any particular purpose for any good(s) or service(s) from any Merchant, whether or not through any Merchant Offerings. However, VIVERs may liaise directly with the Merchant or Business Partners according to the warranty awarded. VIVERs are strongly advised to adhere to safety precautions and instructions applicable to any Merchant’s good(s) or service(s), including but not limited to any Merchant’s good(s) or service(s) intended for outdoor use or involves outdoor activities, as VIVIFY will not be held responsible for any injury, loss, or damage as a result of VIVERs’ use of the Merchant’s good(s) or service(s).
Subject to Section 3 (Credit System), there is no limitation in the quantity or the amount of Merchant Offerings that can be purchased with tokens through the VIVIFY Pass. If the good(s) or service(s) exceeds the face value of any Voucher, the difference must be paid in cash. If the good(s) or service(s) is less than the face value of any Voucher, the User is not entitled to any refund or payout of the unutilized value of the Voucher.
If a Voucher has a specific validity period, it is only valid until the relevant expiry date of such Voucher. Vouchers are not transferrable and unused Vouchers will not be extended or replaced after the expiry date of the validity. Additionally, these Vouchers may be revoked by us if a Merchant is no longer a participating merchant or is wound up.
There is no limitation on the number of Vouchers accepted by Merchants for each Merchant Offering. However, it is the VIVER’s responsibility to make their own reservation with the Merchants when required. VIVIFY does not accept liability whatsoever, including liability for negligence, concerning the good(s) and/or service(s) provided by Merchant or in connection with any Merchant’s refusal to accept a Voucher. Any disputes arising from a Merchant’s refusal to accept a Voucher is solely between the VIVERs and Merchants. However, VIVERs are free and encouraged to report, complain, or leave feedback on the Merchant via User App.
The VIVER may be requested to present their National Registration Identity Card (“NRIC”) and/or passport, Voucher, and VIVER ID upon redemption at the selected Merchants.
The only redemption of Voucher via the User App and a Card will be accepted. Merchant will not accept printed Vouchers. VIVIFY reserves the right to decline redemptions made through any other channels that are not accepted by VIVIFY.
Certain Merchant Offerings and other available programs and pricing on the User Services may change at any time in VIVIFY’s sole discretion, without notice.
Vouchers exchangeable for hotel reservations are subject to room availability. VIVERs are encouraged to note the specific requirements that may be imposed by the relevant hotel, including the requirement to produce a valid credit card number upon reservation and/or check-in, from which a deposit may be deducted by the hotel. Issuance of dining, travel, or hotel accommodation Vouchers does not constitute a reservation.
5. VIVIFY OFFERINGS AND CASH VOUCHER REDEMPTION
VIVIFY may also offer, without limitation:
(a) cash vouchers;
(b) gifts, prizes, and free offers;
(c) event admission ticket
(d) event fun packs.
collectively, “VIVIFY Offerings”.
Cash vouchers may be redeemed at participating Merchants for goods and services, subject to the terms and conditions that may be imposed by that Merchant. If the good(s) or service(s) exceeds the face value of any cash voucher, the difference must be paid in cash. If the good(s) or service(s) is less than the face value of any cash voucher, the User is not entitled to any refund or payout of the unutilized value of the cash voucher.
Certain VIVIFY Offerings and other available programs and pricing on the User Services may change at any time in VIVIFY’s sole discretion, without notice.
If a VIVER elects not to use his cash voucher at any Merchant, the VIVER has an option to convert the cash voucher into cash provided that:
(a) the total value of cash vouchers to be redeemed totals no less than Ringgit Malaysia Sixty (RM 60) at the time of conversion;
(b) the User completes that cash voucher conversion form (“Conversion Form”) on the User App, authorizing the deduction or removal of the selected cash vouchers from the User’s Account.
All applications to convert cash vouchers to cash shall be subject to approval by VIVIFY and subject to a deduction of 10% of the total cash voucher face value as service charges after the successful conversion. Payment will be deposited into the VIVER’s bank account as specified in the Conversion Form within sixty (60) days of the application. VIVIFY shall not be responsible for any errors or omissions made in the Conversion Form, nor any delays or errors by any third-party financial institutions.
6. REFERRAL PROGRAMME
VIVERs will have the opportunity to generate alternative income through the VIVIFY Referral Programme. Referring VIVERs (“Referrer”) are eligible for the following programs:
(1) VIVER-Get-VIVER Referral Programme
For every successful new VIVER onboarding referred to by another VIVER, the Referrer will be rewarded with a one-off cash voucher:
Eligibility for the referral programs is subject to the newly-onboarded VIVER inputting the Referrer’s corresponding referral code (“Referral Code”). Cash vouchers can be converted into cash under Section 5 above. VIVERs may share and use their Referral Code to as many as they wish.
Both the Referrer and the referee (“Referee”) will be rewarded with a cash voucher, Token, or a commission respectively from VIVIFY for every successful referral with a qualifying Account registration. A successful referral with an Account registration is deemed qualifying when a successful Pass is purchased and activated by a new VIVER
For both the Referrer and Referee to earn the reward:
(a) a successful referral for a new VIVER Account is only applicable if Pass is purchase via VIVIFY App. The referee must apply the referral code given by the Referrer during the Pass purchase process; or
The Referral Code may not be combined with another Referral Code. A Referee may only use one Referral Code. If a Referee receives Referral Codes from multiple VIVERs, only the Referrer associated with the Referral Code input and used by the Referee will be rewarded.
Rewards will be recorded in the Account upon successful referral.
A referral will be unsuccessful when;
(a) a Pass registration and/or purchase process was not completed by the Referee;
(b) a Referral Code was not used during the Account registration and Pass purchase process;
(c) an invalid Account owner shared a Referral Code;
(d) a Pass was not purchased via the User App (for example, a Printed Gift Pass was used); or
(e) the Referee has an existing Account with VIVIFY.
VIVIFY may suspend or terminate the referral program or a User’s ability to participate in it at any time for any reason. VIVIFY reserves the right to suspend accounts or remove rewards if VIVIFY notices any activity that VIVIFY believes is abusive, fraudulent, or in violation of these User Terms and Condition. VIVIFY reserves the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.
The scope, variety, and type of services and products that you may obtain by acquiring and redeeming the rewards can change at any time.
Each VIVER shall be eligible to enter into yearly giveaways organized by VIVIFY. The giveaway is open to all VIVERs with a valid Account. It is not open for VIVERs with an expired Pass. Each eligible participant may only win one (1) prize per draw. VIVERs are eligible for one (1) entry for each on-going draw for each Token utilized through the User App (“Entry”). Tokens utilized through the Card shall not be eligible for entry into the giveaways. Important Dates regarding Giveaways and Prizes details can be found Here.
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.
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.
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.
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
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 email@example.com or by writing to Melaka Privilege Sdn. Bhd. No. 31-2, Jalan AKP 1, Taman Ayer Keroh Permai, 75450 Melaka, Malaysia.