Effective on 1st April 2020
These terms of use (these “Terms of Service”) govern the use of the services provided by WannaScan Sdn Bhd (hereinafter also referred to as “we”, “our” or “us.”), either itself or through its subsidiary, via various electronic platforms such as the WannaScan website or mobile site (i.e. www.wannascan.com) (the “WannaScan Sites”) or mobile applications (the “Mobile Apps”) (the WannaScan Sites, Mobile Apps and Apps and the services thereon shall collectively hereinafter be referred to as the “Services”).
These Terms of Service incorporate the entirety of the our Privacy Policy posted on the Sites. Please read these Terms of Service carefully. By accessing and using the Sites, you agree to be bound by these Terms of Service. You may not use the Sites if you do not accept the Terms of Service.
We reserves the right to add to, delete, or change the Terms of Service at any time at its sole discretion, without notice. As such, you should check these Terms of Service from time to time for such changes.
1. Definitions
A. Parties
"You" and "your" refer to you, as a user of the WannaScan Sites and/or Mobile Apps. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to WannaScan Sdn Bhd .
B. Content
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the WannaScan Sites and/or Mobile Apps, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the WannaScan Sites and/or Mobile Apps. "WannaScan Content" means Content that we create and make available in connection with the WannaScan Sites and/or Mobile Apps. "Third Party Content" means Content that originates from parties other than from us or its users, which is made available in connection with the WannaScan Sites and/or Mobile Apps. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and WannaScan Content.
2. Changes to the Terms of Service
We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
3. Using the Site
A. Permission to Use the Services
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
B. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
C. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Services. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your account. You may not use anyone else's account at any time. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Services we provide. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbour), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites or app, or allow other sites or app to share information about you with WannaScan Sites and/or Mobile Apps. Please read our Privacy Policy for more information.
D. Communications from WannaScan and other Users
By creating an account, you agree to receive certain communications in connection with our Services. You may receive our weekly e-mail newsletter about offers or happenings in town. You can opt-out of non-essential communications here.
A copy of our Privacy Policy that applies to the collection, use, disclosure and other processing of personal information by us are posted on the WannaScan Sites and Mobile Apps. These Terms of Service incorporate the entirety of our Privacy Policy. You consent to any personal information we may obtain about you (either via the WannaScan Sites and/or Mobile Apps, by email, telephone, or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.
4. Site Content
A. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by us.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Services provided by us and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against WannaScan Sites and/or Mobile apps and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
C. Ownership
As between you and us, you own Your Content. We own the WannaScan Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the WannaScan Sites and Mobile Apps, excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the WannaScan Content and the WannaScan Sites and Mobile Apps, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the WannaScan Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the WannaScan Sites and Mobile Apps, and the WannaScan Content are retained by us.
D. Advertising
WannaScan Sites and/or Mobile Apps, and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
E. Other
User Content (including any that may have been created by users employed or contracted by us) does not necessarily reflect the opinion of us. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
5. Permitted Uses
The WannaScan Sites and Mobile Apps are designed to offer users deal from our food and beverage partners ("Merchant"), which may include a discount and/or free product. You agree not to use the WannaScan Sites and/or Mobile Apps in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any our server, or interfere with any other party's use and enjoyment of the Services provided by us. You may not attempt to gain unauthorized access to any portion of the WannaScan Sites and/or Mobile Apps, other accounts, computer systems, or networks connected to any our server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the WannaScan Sites and/or Mobile Apps. You will not link to any part of the WannaScan Sites and/or Mobile Apps if such activity is illegal, will cause damage to, or will otherwise harm us or any other party. Moreover, we reserves the right in its sole discretion to disable or otherwise terminate your use of the WannaScan Sites and/or Mobile Apps, or any links you make to the WannaScan Sites and/or Mobile Apps, or request you to do the same. We reserves all of its rights in the WannaScan Sites and Mobile Apps not expressly granted to you by these Terms of Service.
6. Your Conduct On WannaScan Sites and Mobile Apps
WannaScan Sites and its Mobile Apps is private property. All interactions on the WannaScan Sites and/or Mobile Apps must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of WannaScan Sites and/or Mobile Apps, we may limit your privileges on the WannaScan Sites and/or Mobile Apps and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the WannaScan Sites and/or Mobile Apps and constitute express violations of this Agreement:
- Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your account on WannaScan Sites and/or Mobile Apps, or in order to create multiple WannaScan Sites and/or Mobile Apps accounts;
- Attempting to access, or actually accessing, data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the WannaScan Sites and/or Mobile Apps or to breach security or authentication measures;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our WannaScan Sites and/or Mobile Apps, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the WannaScan Sites and/or Mobile Apps;
- Using frames, framing techniques or framing technology to enclose any content included on the WannaScan Sites and/or Mobile Apps without our express written permission;
- Using any Site Content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
- Using the WannaScan Sites and/or Mobile Apps or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with us;
- Reselling or repurposing your access to the WannaScan Sites and/or Mobile Apps or any purchases made through the WannaScan Sites and/or Mobile Apps;
- Reselling any deal, discount, free product provided by the Merchant;
- Using the WannaScan Sites and/or Mobile Apps or any of its resources to solicit WannaScan Sites and/or Mobile Apps End Users, Merchant or other business partners of ours to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with us, including without limitation, aggregating current or previously offered deals;
- Collecting content from the WannaScan Sites and/or Mobile Apps, including but not limited to current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the WannaScan Sites and/or Mobile Apps without our express written permission;
- Collecting the Personal Information, Statements, data or content of any WannaScan Sites and/or Mobile Apps End Users or Merchant;
- Using any End User or Merchant information from the WannaScan Sites and/or Mobile Apps for any commercial purpose, including, but not limited to, marketing;
- Accessing, monitoring or copying any content or information from this WannaScan Sites and/or Mobile Apps using any "robot," "spider," "scraper" or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on this WannaScan Sites and/or Mobile Apps or bypassing or circumventing other measures employed to prevent or limit access to WannaScan Sites and/or Mobile Apps;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Aggregating any live or post-feature content or other information from the WannaScan Sites and/or Mobile Apps (whether using links or other technical means or physical records associated with purchases made through this WannaScan Sites and/or Mobile Apps) with material from other sites or on a secondary site without our express written permission;
- Deep-linking to any portion of WannaScan Sites and/or Mobile Apps (including, without limitation, the purchase path for any voucher) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of us, our Merchant or our services; or
- Hyperlinking to the WannaScan Sites and/or Mobile Apps from any other website without our initial and ongoing consent.
WannaScan Sites and/or Mobile Apps provides the sharing platform to its customers but does not guarantee the discounts and/or free product provided by the Merchant. We are not responsible for the service, eligibility, or the action of the Merchant.
7. Claim of Copyright Infringement
We respects the intellectual property of others. If you believe in good faith that any Site Content, or other matter posted on the WannaScan Sites, Mobile Apps infringes the copyright in a work you own, please contact us on info@wannascan.com, with correspondence containing the following:
- a physical signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
- a clear identification of the copyrighted work allegedly infringed;
- identifying information reasonably sufficient to allow determination by us of the location of the material that is allegedly infringing;
- information reasonably sufficient to permit us to contact or respond to you;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and that you are either the owner or authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. Links to Other Websites/Mobile Sites
The WannaScan Sites and/or Mobile Apps may contain advertisements and/or links to other sites ("Third Party Sites"). These links are provided solely for the convenience of the users. We do not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Sites or any products or services advertised on Third Party Sites. If you decide to leave the WannaScan Sites and/or Mobile Apps and navigate to Third Party Sites, or install any applications, software or download content from any such websites or mobile sites, you do so at your own risk. Once you access a Third Party Site through a link on the WannaScan Sites and/or Mobile Apps, you may no longer be protected by these Terms of Service and you may be subject to the terms of service and other conditions of such Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the WannaScan Sites and/or Mobile Apps, or relating to any applications you use or install from such Third Party Sites. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. We bears no responsibility for any action associated with any Third Party Site. Moreover, we do not imply an affiliation with any Third Party Site.
9. Disclaimers and Limitations of Liability
Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the site. By accessing or using the WannaScan Sites and/or Mobile Apps, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
The WannaScan Sites and Mobile Apps is made available to you on an "as is", "with all faults" and "as available" basis, with the express understanding that we may not monitor, control, or vet user content. As such, your use of the WannaScan Sites and/or Mobile Apps is at your own discretion and risk. The WannaScan Sites and Mobile Apps entities make no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the content. Accordingly, the WannaScan Sites and Mobile Apps entities are not liable to you for any loss or damage that might arise, for example, from the WannaScan Sites and/or Mobile Apps inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews, comments, metrics or review filter found on, used on, or made available through the Services provided.
WannaScan Sites and/or Mobile Apps is a service provider and sharing platform for third party Merchant. We are not the agent of any Merchant and takes no responsibility for the services or products for which Merchant provides. We makes no claims or promises with respect to any third party, such as Merchant, businesses or advertisers listed or partnered with us on the WannaScan Sites and/or Mobile Apps. Accordingly, we are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the Merchant, businesses or advertisers listed or partnered with us on the WannaScan Sites and/or Mobile Apps. Your purchase and use of products or services offered by third parties through the WannaScan Sites and/or Mobile Apps is at your own discretion and risk.
We expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed or partnered with us on the WannaScan Sites and/or Mobile Apps, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the WannaScan Sites and/or Mobile Apps entities shall create a representation or warranty.
Your sole and exclusive right and remedy in case of dissatisfaction with the WannaScan Sites and/or Mobile Apps, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the WannaScan Sites and/or Mobile Apps.
WannaScan Sites and Mobile Apps entities disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
We have the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the WannaScan Sites and/or Mobile Apps, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the WannaScan Sites and/or Mobile Apps (or any part thereof) on any particular device or communications service. We have no obligation to provide you with notice of any such changes, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the WannaScan Sites and/or Mobile Apps.
10. Indemnification
You agree to defend, indemnify, and hold us harmless from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the Services (including the WannaScan Sites and Mobile Apps). We at our sole and absolute discretion reserve the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Governing Law and Jurisdiction
The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Services (including the WannaScan Sites and Mobile Apps) shall be governed by and construed in accordance with the laws of Malaysia. Both users and the Company shall submit to the exclusive jurisdiction of the courts of Malaysia
12. Termination
You may terminate the Terms of Service at any time by closing your account, discontinuing your use of the WannaScan Sites and Mobile Apps, and providing us with a notice of termination via info@wannascan.com. Please review our Privacy Policy for information about what we do with your account when terminated.
We may close your account, suspend your ability to use certain portions of the WannaScan Sites and/or Mobile Apps, and/or ban you altogether from the WannaScan Sites and/or Mobile Apps for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the WannaScan Sites and/or Mobile Apps, Your Content, Site Content, or any other related information.
In the event of any termination of these Terms of Service, whether by you or us, Sections 1 - 12 will continue in full force and effect, including our right to use Your Content as detailed in Section 4.
13. General Terms
We reserve the right to modify, update, or discontinue the WannaScan Sites and/or Mobile Apps at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the WannaScan Sites and/or Mobile Apps. Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms of Service contain the entire agreement between you and us regarding the use of the WannaScan Sites and/or Mobile Apps, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service. Any failure on our part to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms of Service is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms of Service and be void.
14. Payments
Prices quoted on the Platform are subject to applicable tax. Prices and offers on the Platforms may vary from the prices offered by Merchant.
Display prices may vary depending on the Merchant, and the prices reflected on our Platforms may:
- include GST, VAT or such other equivalent tax; or
- exclude GST, VAT or such other equivalent tax.
WannaScan reserves the right to offer additional payment methods and/or remove existing payment methods at anytime in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders.
Prices quoted on the Platform are subject to applicable tax. Prices and offers on the Platforms may vary from the prices offered by Merchant.
15. Refunds & Cancellation
You have the right to a refund for a cancelled Order only if Merchant has not accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Merchant, you understand that no refunds will be issued to you.
WannaScan reserves the right to cancel any Order and/or suspend, deactivate or terminate your WannaScan account if it detects fraudulent behaviour or activity associated with your WannaScan account.