Terms & Conditions
1. Provision of Service
1.1 Web 123 Sdn Bhd operate a digital loyalty platform under the brand name OneWayLoyalty. Merchant provide a service or sell physical goods to member.
2.0 Member Responsibility
2.1 Member agrees and undertakes to:-
- not to abuse OneWayLoyalty Platform.
- Keep identification records accurate
- Notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of security information.
3.0 System Upgrade
3.1 Web 123 Sdn Bhd have the right to perform maintenance and upgrade of our respective services. Member has no right to claim any compensation whatsoever for such interruption.
4.0 Indemnity
4.1 Member shall indemnify Web 123 Sdn Bhd and hold Web 123 Sdn Bhd harmless from and against any and all claims, actions, proceedings, damages, liabilities, costs (including reasonable legal costs and expenses), expenses, losses, including consequential losses incurred or suffered by Web 123 Sdn Bhd that may be caused by or arise, whether directly or indirectly from the Merchant's usage of OneWayLoyalty Platform and/or any breach of this Agreement by Merchant.
5.0 Confidentially
5.1 Each party shall keep all information confidential and shall not without the prior consent in writing of the disclosing Party copy or disclose to any third party information or any contents of any documents.
5.2 Each party acknowledge and agree that all confidential information disclosed by or on behalf of the party disclosing such information shall be and remain the property of the Disclosing party.
5.3 Each Party agrees and undertakes with each other to protect the Confidential Information of the other Party and shall take reasonable steps to ensure that the Confidential Information of the other Party is stored and handled in a way to prevent unauthorised disclosure.
5.4 Each Party shall use its best efforts to limit dissemination of the Confidential Information to its employees, consultants, officers, agents or sub-contractors and its holding or related companies' employees (collectively called "Personnel") to whom disclosure is necessary for each of them to perform his duties under this Agreement. Each Party shall impose the above obligation of confidentiality on their Personnel.
5.5 The foregoing obligations shall not apply, however, to any part of the Confidential Information which :
- was already in the public domain at the time of disclosure to the Receiving Party;
- entered the public domain after disclosure hereunder other than as a result of the act or omission of the Receiving Party; or any party receiving such information from or on behalf of the Receiving Party;
- is independently developed by the Receiving Party;
- is approved for release by prior written authorisation by the Party disclosing the Confidential Information;
- is required to be disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law. In such circumstances, the Receiving Party shall promptly notify the Disclosing Party of the fact; or
- was rightfully obtained from a third party without such third party having an obligation of confidentially to the Disclosing Party;
6.0 Liability
6.1 Neither Party shall be liable for loss or damage arising from loss of business , revenue or profits, anticipated savings or wasted expenses, the corruption or destruction or loss of data or video, costs of substitute services of any nature whatsoever, breach of privacy or security of communication or for any indirect, special or consequential loss whatever.
7.0 FORCE MAJEURE
7.1 Web 123 Sdn Bhd shall not be liable for any breach of this Agreement caused by Acts of God, insurrection of civil disorder, war, or military operations, national or local emergency, acts or omissions of Government, highway authorities or other competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies which are outside of Web 123 Sdn Bhd reasonable control.
8.0 Suspension of Service
8.1 If member does not comply with the terms, Web 123 Sdn Bhd or Merchant reserves the right to suspend the provision of OneWayLoyalty services or any part thereof immediately without any liability or obligation to Web 123 Sdn Bhd and Merchant.
8.2 If member shall rectify such default to the satisfaction of Web 123 Sdn Bhd or Merchant, the OneWayLoyalty Services or any part thereof shall be reinstated.