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Terms of Use & Policies

Updated July 1, 2016


Terms of Use

PLEASE READ THE TERMS OF USE BELOW. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS WHEN USING OUR SERVICES.

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Welcome to the Cartoola Site (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully. If you have any questions, contact us here.

The terms and conditions set out herein below govern the use of all type of services offered and available on the website Cartoola and all related sub-sites (‘the Site’) which is operated by Vbid Marketing (M) Sdn Bhd (‘the Company’). The User is advised to take some time to read these Terms and Conditions before continuing to use this website.

We may at any time change these terms and you should therefore periodically visit this page to review the then current terms to which you are bound.

In order to carry out any transactions with us on or in relation to the Website or registering an account with us on the Website, you oblige that:

• You are above 18 years or older and/or having the legal capacity to use this website.

• You are using your real identity (First and Family Name, Date of Birth, Gender) and your active contact details (an active email address and phone number);

• The personal data and information that you have provided to us are true, exact, up-to-date and complete; and

• You will maintain and promptly update your personal particulars and ensure that all information given by you is kept true, accurate, complete, current and not misleading.

 

ACCEPTANCE OF TERMS OF USE

Cartoola (“Cartoola” "we" or “us” or “our”) owns and operates the website, www.cartoola.com, the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, "Site"). By using the Site and Groupon’s services through the Site, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement, located at http://www.cartoola.com/privacy, and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use." The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY GROUPON SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

About the information

Cartoola uses reasonable efforts to include accurate and up to date information. However, Cartoola makes no warranties or representations as to its accuracy. In particular, Cartoola assumes no liability or responsibility for any errors or omission in the content of the Site.

Everything on the Site is provided on an "as is" basis without any representation, endorsement or warranty of any kind, either express or implied, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose or non-infringement.

Ownership of the Site

The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates and other content providers. By using the Site and accepting these Terms of Use: (a) Cartoola grants you a limited, personal, non-transferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by Cartoola; 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 Site without the express permission of Cartoola.

Use of the Site

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

You have reached the age of majority in the state or province in which you reside;

You are able to create a binding legal obligation;

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

You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;

Your use of the Site will at all times comply with these Terms of Use;

You will only make legitimate subscription that comply with the letter and spirit of the terms of the respective offers;

You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete;

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

You will only pay the advertising fees through the Site via online payment provided; PayPal, credit card, debit card, etc and any subscription will be subject to the applicable Terms of Sale set forth in these Terms of Use.


Access to the Site

Cartoola retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site 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 or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

 

Modification

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

 

RESPONSIBILITIES OF THE USER

The user is liable for his/her use of the Site and/or Services.

We will not be responsible for any loss or damage occurring from your failure to adhere with this Terms and Conditions.

The User will use the Services in accordance with the terms and conditions of this Agreement and any law at the time being in force in Malaysia including, but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code ("Content Code").

You should assume that the copyright in everything you see or read on the Site including but not limited to any designs, text, graphics, source code, or software belongs to Cartoola. Your access to it does not imply a license to reproduce and/or distribute this information which means that you cannot reproduce, modify, publicly display or distribute the contents of this Site without the prior written consent of Cartoola.

The trademarks and logos displayed on the Site are the registered and unregistered trademarks of their respective owners. Use of the trademarks displayed is strictly prohibited. You are advised that the owners of the trademarks will aggressively enforce their intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

You agree that you will not use this website or our services to carry out any "data mining" services to collect or collate information about the identities and offers.

Copyright © Cartoola.

The User will not list and/or advertise on the Site and/or advertise for sale on the Site any item which:-

• Infringes the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know­how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party;

• Otherwise causes legally recognized harm including but not limited to a product that contains a defamatory statement; or

• Isolates or is illegal under any applicable law, statute, ordinance or regulation. The User shall not provide and/or cause to be provided information which is false, inaccurate or misleading;

The User will not provide and/or cause to be provided information which:-

• Inaccurate, false, doubtful, unsafe, fraud, deceptive or misleading; and

• Involves the sale of counterfeit or stolen items, or any other fraudulent act;

• Involves material or links to material that is discriminatory, sexually explicit, expletives, vulgarity, obscenity, libellous, defamatory, threatening, harassing, abusive, or hateful, or solicits personal information from anyone under 18.

• Contravene the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know­how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party;

• Violates or breaches any law;

• Introduces, spreads or is intended to introduce and/or spread contents or propaganda of religion, culture or racism nature.

• Any other prohibited content as stated in the Content Code.

Cartoola reserves the right, at our sole discretion, to change, modify, add, remove or delete any items that it deems in violation of the above at any time without prior notice to you or any further notice.

The User also is solely liable for the accuracy of the said information.

If you do not adhere to the terms and conditions given, you are required to stop using the Website immediately.

By using this Website, you will be deemed to have accepted all of the terms and conditions that apply to its use, the information contained on the Website and services provided by it.

We reserve the right to modify these terms and conditions at any time and it is your responsibility to check if changes have been made. Please read these terms carefully before using the web site. Using the site indicates that you accept these Terms and Conditions.

CONTENT USE CONDITIONS

All information, materials, functions and other content featured or displayed on the Site including, but not limited to, sounds, music, text, graphics, data, stills, photographs, moving images, illustrations, selection, arrangement and software are copyrighted property of and owned by Cartoola. All elements of the Site, including Cartoola content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

The User may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to the:

Services; Or Site.

This Site, Cartoola is intended for customers of Cartoola. You may not use this Site or Cartoola content for any purpose not related to your business with Cartoola. You are specifically prohibited from:

(a) Downloading,

(b) Copying, or

(c) Re-transmitting any or all of the Site or Cartoola content without, or in violation of, a written license or agreement with Cartoola;

(d) Using any data mining, robots or similar data gathering or extraction methods;

(e) Manipulating or otherwise displaying the Site or Cartoola content by using framing or similar navigational technology;

(f) Registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Cartoola product or service if you are not expressly authorized by such party to do so; and

(g) Using the Site or Cartoola Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

Without prejudice to the above, the User agrees not to reproduce, display or otherwise provide access to the Services or Content on another website or server, for instance through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Cartoola.

You may not decompile, reverse engineer or attempt to discover the source code of any Content available on the Site or the Services except under the specific circumstances permitted by law or the Company in writing.

 

ONLINE CONDUCT OF THE USER

The user undertakes:

• To comply with this Agreement, and such other notices or guidelines that may be posted on the Site by the Company from time to time (which are hereby incorporated by reference into this Agreement);

• Not to use the Services or any Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; and

• Not to hack into, interfere with, disrupt, disable, over­burden or otherwise impair the proper working of the Site or the Services, which shall include but is not limited to denial­of­service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.

All User activities are logged. When the User requests pages from Cartoola's servers, it automatically collects information about the User's preferences, including the User's Internet Protocol address.

Cartoola uses cookies so that the User does not have to enter his or her login information each time they visit the Site.

Save as aforesaid, the User Information shall not be disclosed or released by Cartoola to any third party except with the consent of the User.

If the User is an Individual, information regarding the handling of the User's personal information by the Company is set out in our Privacy Policy.

Cookies

• The Website uses cookies to distinguish you from other users of the Website. This helps us to provide you with a good experience when you browse the Website and also allows us to improve the Website. By continuing to browse the site, you are agreeing to our use of cookies.

• A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. You can find more information on cookies and the way they work at www.aboutcookies.org.

• We may use cookies for the following reasons:

1. To enable you to log into secure areas of our site and to simplify the log-in process;

2. To recognise users and count the number of visitors;

3. To personalise content for you and remember your preferences.

4. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

5. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. Nevertheless, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.


EMAIL ADDRESS OF USERS

The Users must submit information including a valid email address to Cartoola to post advertisements on the Site.

The email address of the User will not be publicly displayed on the Site. Other Users may contact the User through the Site.

 

TERMINATION AND SUSPENSION

Cartoola reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.


NO WARRANTY

Cartoola does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be disrupted due to numerous factors outside Cartoola's control and Cartoola shall not be liable for any loss, liability or damage which the User may incur as a result.

The User acknowledges and agrees that the Company does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the Services, and Cartoola hereby expressly disclaims all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the Site through the Services.

The User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the User's own risk, and the Company shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance.


THIRD PARTY WEBSITE

The Website may, from time to time, contain links to and from the websites of our partner networks and vendors. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.


INDEMNITY

By using this website, the User at all times understands, acknowledge, agrees and undertakes to indemnify, hold and defend the Company and its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, harmless, from any actions, claim, demand, proceedings, costs, liabilities and expenses whatsoever including reasonable legal fees and disbursements, sustained, incurred or paid by Cartoola directly or indirectly, in respect of the User’s use of or the information contained on the Website or the User’s violation of any law or the rights of a third party.

EXCLUSION LIABILITIES

To the full extent allowed by applicable law, in no event shall Cartoola, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for: (a) any punitive, incidental, indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);

(b) Any loss of goodwill or reputation;

(c) Any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing off, infringement of registered industrial designs , patent infringement, breach of confidence;

(d) Any liability at common law; or

(e) In any other way.

Subject to the limitation stated above, nothing in this Agreement will be deemed to limit or exclude Cartoola's liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company's negligence or the negligence of Cartoola servants, agents or employees.

For avoidance of doubt, Cartoola is not liable and shall not be responsible for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.


ELECTRONIC COMMUNICATIONS

When you use the Site or send emails to Cartoola, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. 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 Site or from which you otherwise email us.


WEBSITES OF OTHERS

The Site contains 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.


GENERAL PROVISIONS

Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

The User agrees that this Agreement and all incorporated agreements may be automatically assigned by Cartoola, in its sole discretion, to a third party in the event of a merger or acquisition.

The User and Cartoola are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Failure of Cartoola to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.

Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.

Words importing one gender shall include any other gender unless stated otherwise.

Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.

ACCESS AND CORRECTION

Our customer service executive is responsible to ensure that requests for access to information and amendment of information are properly dealt with in accordance with the procedures specified herein.

All requests for information or requests for the amendment of information held by us shall be made by completing our standard Request for Information/Amendment of Information form and sending a copy of the duly completed form to us via post or fax at:

VBid Marketing (M) Sdn. Bhd.

Suite 27-01-C, Level 27, Menara Haw Par,

Jalan Sultan Ismail, 50250 Kuala Lumpur.

 

Attention: Customer Service Executive

Phone Number: (+603) 2026 2701)

Fax Number : (+603) 2026 2702)

Please note that we will only accept and act on requests in the English language that comply with this Privacy Policy, and with the applicable charge(s) paid. Any request that does not comply with the above will be rejected, and we will not take any action in relation to such rejected requests. We reserve the right to require you to translate any request or any part of the request which is not in the English language before we act on the same OR proceed at our own discretion to translate the same into the English language and charge you for the translation costs, and act upon your request only upon the payment of the translation fees.

We may refuse to disclose or amend any information for the reasons set out in the Personal Data Protection Act 2010.

As far as reasonably possible, we will respond to your request within twenty one (21) days from the date of receipt of the request ("Initial Period"). If that is not possible, you will be so notified in writing before the expiry of the Initial Period, together with the reasons why we are unable to do so and what requests we can comply with. In any event, the request will (unless permitted otherwise under the law) be complied with no later than fourteen (14) days after the expiration of the Initial Period.

The following charges will be imposed on each submission of the request for information and request for amendment:

• Request for information

Data access request for a data subject’s personal data with a copy of the personal data in an intelligible form : RM 10

Data access request for a data subject’s personal data without a copy of the personal data in an intelligible form: RM 2

The above charges may be subject to revision by us from time to time (subject to the maximum fees permitted under the law).

The applicable charge shall be paid by way of cheque made out to VBid Marketing (M) Sdn. Bhd at the time of submission of the request. Please note that we will not accept and act on requests that are not accompanied with payment of the applicable charge(s).

DISCLAIMER

We shall not be liable for any voluntary disclosure of personal information by you to other users of the Website.

Cartoola reserves the right to refuse the Service to anyone, for any reason, at any time as well as to remove any listing that deems in violation/ harassment/ fraudulent of the above, at its sole discretion.




PRIVACY POLICY

Cartoola respect and committed the privacy concerns and want you to be confident that the information you provide will be secured. We do not collect or share personal information. If we request further data, this information will be disclosed on a voluntary basis. Cartoola will take the relevant measures to safeguard your personal information in accordance with the Personal Data Protection Act 2010. This Privacy Policy ("Policy") sets out how Cartoola use and protect the information you give us. This Policy only applies to personal information of individuals that are processed for commercial transactions.

Collection of Personal Information

We do not collect any personal information or personally identifiable information when you visit our website unless you choose to provide that information to us.

We may also collection information that personally identifies you if you choose to submit your personal information for the various purposes made available on our website. We will then serve you with a personal data protection notice ("Notice") to confirm your consent and notify you on our processing of your personal information. The processing of your personal information will be done in accordance with all applicable laws.

Disclosure of Your Personal Information

Cartoola may disclose your personal information to the following parties (including those overseas) for the purposes stated above:

• Agents and service providers as well as employers who provide services relating to the purposes of which the personal information is collected including data processing services;

• any person, who is under a duty of confidentiality who has undertaken the responsibility to keep such information confidential; and

• Cartoola's related and associate companies and affiliates.

We do not disclose your personal information to unaffiliated third parties without your consent. However, we may disclose your personal information if required by law or in good faith, if such action is necessary to comply with any law enforcement agency requirements, court orders or legal processes.

Changes to this Policy

Cartoola may review and change this Policy from time to time to reflect changes in the law, our business practices, processes or structure. While it is not generally feasible to notify you of the changes to this Policy, the latest version of this Policy will be available on our website. This policy is not a contract, nor does it suggest any obligation on our part with another party.