Terms & Conditions
1.0 Provision of Service
1.1 Web 123 Sdn Bhd operate a digital loyalty platform under the brand name OneWayLoyalty
2.0 Merchant Responsibility
2.1 Merchant agrees and undertakes to:-
- Conduct proper sales & promotions activities
- Not mislead merchant's member in their points award and redemption.
- Not to use OneWayLoyalty's platform to send unsolicited messages
- Keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
3.0 Charges / Fee
3.1 Merchant agree to pay all fees set out in a Subscription Agreement. Pricing details are listed on the website.
3.2 Penalty fee will be imposed for any non-compliance with the terms of usage. Penalty fee varies with accordance to non-compliance activity. No refund will be performed for account that is suspended.
4.0 System Upgrade
4.1 Web 123 Sdn Bhd have the right to perform maintenance and upgrade of our respective services. Merchant has no right to claim any compensation whatsoever for such interruption.
5.0 Intellectual Property
5.1 Web 123 Sdn Bhd will retain all rights and title to OneWayLoyalty services and any of its trademarks, trade names, names, brands, logos, symbols and other proprietary designations and no transfer of rights is made under this Agreement. Merchant does not have the rights to use Web 123 Sdn Bhd's trademark, trade name or any intellectual property rights whatsoever.
5.2 Merchant will retain all rights and title to its trademarks, trade names, names, brands, logos, symbols and other proprietary designations and no transfer of rights is made under this Agreement.
6.1 Merchant 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.
7.1 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.
7.2 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.
7.3 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.
7.4 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.
7.5 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;
7.6 Merchant permit Web 123 Sdn Bhd to list Merchant as a client and use Merchant standard logo for our promotional and marketing use during the Subscription Term.
8.1 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.
9.0 FORCE MAJEURE
9.1 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.
10.0 Suspension of Service
10.1 If Merchant does not comply with the terms in this Agreement, Web 123 Sdn Bhd 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.
10.2 If Merchant shall rectify such default to the satisfaction of Web 123 Sdn Bhd, the OneWayLoyalty Services or any part thereof shall be reinstated.
10.3 Web 123 Sdn Bhd reserve the right to terminate the service if payment due was not paid.