BACKGROUND
We Tan Kah Kee Foundation Malaysia is a non-govermental organization in Malaysia and are the owners and operators of the ticket.mytkkf.com.my of Websites [individually "Website/s" or collectively "Our Websites"]. By using any of Our Websites or our mobile applications (for example our Android, iPhone and iPad, Windows apps) You accept that you shall be bound by our current General Terms of Use ("General Terms"), our Acceptable Use Policy, our Privacy Policy and our Copyright Policy (collectively "Our Website Conditions").
Our Website Conditions sets out the terms between You and Us under which You may Use or Access Our Websites. Our Website Conditions applies to all Users of Our Websites.
Our Websites are also made up of a number of specific Sites which deal with the supply of specific Products or Services to specified classes of users such as on a Subscription service or for advertisers. The supply or provision of such Products or Services to a User may be governed by terms of contract that may differ from or are in addition to Our Website Conditions. You hereby agree that these Additional terms ["Additional Terms"], shall apply to You in such an event, in addition to Our Website Conditions.
Where Additional Terms are applicable, then Our Website Conditions shall be read in conjunction with any applicable Additional Terms. If any terms and conditions contained in Our Website Conditions conflict with any terms and conditions contained within the Additional Terms, then the Additional Terms shall prevail over Our Website Conditions [and only to the extent necessary to resolve such conflict].
Any applicable Additional Terms shall be specified in the subject Website, and/or in the Products or Services "Order Form", "Customer"s Order", "Purchase Order", "Request for Quotation", "Request for Services" or "Insertion Order" found at such Website or other contractual documents referred to thereat. You hereby agree that in such instances, those Additional terms shall also be applicable to You and Us in any agreement entered into between You and Us.
TKKF reserves the right to change the terms contained in Our Website Conditions or the Additional Terms at any time. You are responsible for regularly reviewing all applicable Contractual terms and Additional terms which are be posted on Our Websites for the use of such Websites or for Products and Services provided or supplied.
If You do not accept Our Website Conditions, or the applicable Additional terms, do not use any of Our Websites. We do change Our Website Conditions, and our Additional terms, from time to time, so You should review them each time that You visit the Website/s.
OFFER AND ACCEPTANCE
No part of Our Websites, or of our Products or Services provided thereat, shall be deemed or intended to constitute a Contractual Offer to You. When You issue Your Order Form, Purchase Order, Customers Order, or Insertion Order [collectively "Order Form"], such Order Form shall be deemed to be Your Offer for the purchase, hire, rental, license, supply or provision of the subject Products or Services. We are at liberty to Accept or Reject Your Offer. If We accept your Offer, We shall issue to You an 'Acceptance Confirmation' and an Invoice. Our acceptance Confirmation shall be treated as an "Acceptance" of Your "Offer".
LEGAL CAPACITY
INDIVIDUALS
1. You may use any of our websites no matter what age you are, as long as you agree to and abide by Our Website Conditions.
2. However, if You wish to create an account, or to make an offer for the provision or supply of Products or Services, You may only do so if You are over the age of twenty one [21] and You register with us to open an account.
3. If You are below the age of 21, You may not open an account, register with Us or order Products or Services from us. If You seek to do so, You must obtain the consent of Your parent or guardian who can open the account, register with us, and order the said Products or Services [supposing that they are in fact agreeable to do any or all of those things].
LEGAL PERSONS
If You open an account to order Products or Services from us, and You act on behalf of a legal person [see definitions section below], You hereby warrant and undertake that You possess the authority to bind Yourself, Your principals or employers [or the legal person named by you] with whom You are engaged with or acting as employee or agent for.
REGISTRATION AND ACCOUNT CREATION
1. As part of the registration and account creation process necessary to obtain access to certain of Our Websites, or of particular Products or Services, including those portions that require a fee or payment for access, You shall select a username and a password. You shall not:
o Select a username already used by another person or very similar to that of another person which is likely to cause confusion.
o Use a username in which another person has rights, without such person's authorization.
o Use a username that We, in our sole discretion, deems offensive or inappropriate.
2. You shall provide to Us documentary proof of identity documents, such as scanned copies of Your Identity Card, Passport or Company profile, should such be necessary. We reserve the right to deny creation of Your account based on Our inability to verify the authenticity of the registration information or documents provided by you.
3. You shall be solely responsible for maintaining the confidentiality of Your username and password combination. You shall immediately notify Us in writing of any known or suspected unauthorized use of Your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password or credit, debit, charge card or banking information.
4. You are fully responsible for all usage and activity on Your account, including, but not limited to, use of the account by any third party authorized by You to use Your username and password combination. The use of Your account by any individual under the age of twenty one (21) is strictly prohibited.
5. If the computer system on which You accessed Our Websites, or the Products or Services on Our Websites, is sold or transferred to another party, you are advised to delete all cookies and software files obtained by or through use of Our Websites or of the Products or Services used or accessed by You.
6. We reserve the right to terminate Your account, in Our sole discretion, at any time without notice. You may terminate Your account at any time by submitting feedback or through an email communication. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and Your account will be terminated within five (5) business days. You are responsible for all fees and charges incurred up to the time the account is terminated. Notwithstanding anything else herein, we reserves the right to pursue any and all claims against any User of Your account.
7. Whether as an individual or as a business user, you agree to maintain only one account with us at any time for the Provision of any Product or Service, unless otherwise agreed between us. At the time of account creation, you certify that You have no other account(s) with us.
PAYMENT MEDIUMS
1. All payments must be effected in the currency of Malaysia (MYR), unless otherwise agreed in writing between You and Us.
2. Payments may be made using the following payment mediums:
o By Credit Card, Debit Card or Charge Card.
3. The products or services ordered shall only be shipped, delivered or provided to You once we have received cleared payment of Our invoice.
4. For Services to be provided to you, the service will be activated upon Our receiving cleared payment from You against Our invoice.
5. Once payment has been cleared into Our Bank accounts, We shall provide You notifications by email advising You:
o Of the cleared payment paid against Our invoice.
o Of the shipment of Your Products.
o Of the relevant particulars of Your subscribed for or licensed Products and Services, and any relevant activation codes, usernames or passwords, or download links for software or apps, which are applicable for such Products or Services.
6. Where payment has not been received by Us within fourteen days of the issue of Our Invoice, We reserve the right to cancel Your order without any recourse by You. We reserve all of Our legal rights in such an instance for any costs, expenses or charges incurred by Us which We shall have the right to recover against You for such cancelled orders.
USE OF CARDS FOR RECURRING PAYMENTS
1. TKK will charge the credit card, debit card, or charge card You provide ("Card") on a recurring basis at the applicable times that the applicable fees or charges become due and payable by You as per the contract entered into between You and Us. When You provide Us with Your Card particulars, You may elect to either make it valid solely for use by You or for use by both You and the organization that You work for (your "Organization"). If You elect to make Your Card valid for use by Your Organization, anyone within Your Organization may make effect the payment of fees or charges against Your Card. All applicable Additional Fees or charges will be charged to Your Card, when a product or service is ordered by You and/or Your Organization.
2. You understand that You may withdraw this authorization to make automatic payments, by notifying TKK at 14 days If such notice of revocation is not received by TKK at least three (3) days in advance of a scheduled payment date, TKK may still charge Your account for the next payment and Your revocation will not take effect until the following payment.
INTELLECTUAL PROPERTY
1. All Content included on Our Websites, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of TKK, our affiliates or other relevant third parties. By continuing to use Our Websites you acknowledge that such materials are protected by applicable Malaysia International intellectual property laws, the applicable laws of other countries or under international law or conventions.
2. You shall not reproduce, copy, distribute, store or in any other fashion re-use material from Our Websites, unless otherwise indicated on the Websites, or unless given express written permission to do so by Us.
THIRD PARTY INTELLECTUAL PROPERTY
1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such Products or Services, as may be applicable.
2. You shall not reproduce, copy, distribute, store, or in any other fashion, re-use such material, unless otherwise indicated on the Websites, or unless given express written permission to do so by the relevant manufacturer, supplier or content owner.
LINKS TO OTHER WEBSITES
Your Websites may contain links to other sites. Unless expressly otherwise stated, these Websites are not under the control of TKK or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them by You or any third party. The inclusion of a link to another site on Our Websites does not imply any endorsement or promotion of the sites themselves, of those in control of them, or of the Products and Services provided or supplied by such third parties on their Websites.
USE OF COMMUNICATION FACILITIES AND SYSTEMS
1. When using the enquiry form, or any other contact or communication System on Our Websites, You should do so in accordance with the following rules:
o You shall not use foul, obscene or vulgar language.
o You shall not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.
o You shall not submit Content that is intended to promote or incite violence or any criminal act or conduct.
o Your submissions are to be made using the English language only as We are unable to respond to enquiries submitted in any other languages.
o The means by which You identify yourself must not violate these Website conditions or any applicable laws of the country where you access the world wide web.
o You shall not impersonate any other person, particularly employees and representatives of TKK or our affiliates.
o You shall not use our Systems for unauthorized mass-communication materials, which include, for instance, "spam" or "junk mail".
2. You acknowledge that TKK reserves the right to monitor any and all communications made by You to Us or by Your using any of our Website/s Systems.
3. You acknowledge that TKK may retain copies of any and all communications made to Us from Your use of our Website/s or through using our Website/s Systems.
4. You acknowledge that any information You send to us through our Website/s Systems or post on the forums/chat/community/blog or similar Services [interactive services], may be modified by us in any way and You hereby waive Your moral right to be identified as the author of such information works or materials. Any restrictions You may wish to place upon our use of such information, works or materials must and shall be communicated to Us in writing in advance and We reserve the right to reject such terms and associated information works or materials.
ACCOUNTS AND REGISTRATION
1. In order to procure specific Products or Services on Our Websites or to use the forums/chat or similar interactive services, You are required to create an Account which will contain certain personal details and Payment Information which may vary based upon Your intended use of Our Websites and its Products or Services. By continuing to use Our Websites You represent and warrant that:
o All information that You submit is complete, factual and truthful.
o You have permission to authorize Payment to Us using the payment method designated by you.
o You have permission to submit the relevant payment information to Us.
o You will, on a continuing basis, and as a continuing obligation, keep such payment or banking information accurate and up-to-date. Your creation of an Account is further affirmation of Your representations and warranties which are made herein.
o You will not share Your Account details, particularly Your username and password combination, with third parties or unauthorized persons.
2. TKK accepts no responsibility or liability for any loss or damage incurred by You as a result of Your Account details being shared by You with any third parties. If You use a shared computer, it is recommended that You do not save Your Account details in Your internet browser.
3. If You have reason to believe that Your Account details have been obtained by another person without Your consent, You should contact Us immediately at [email protected] to suspend Your Account and cancel any unauthorized orders or payments that may be pending.
4. When choosing Your username You are required to adhere to the terms set out herein. Any failure to do so could result in the suspension and/or deletion of Your Account.
TERMINATION AND CANCELLATION
1. Either Ticket2U or You may terminate Your Account. If We terminate Your Account, You will be notified by email and an explanation for the termination may be provided. Notwithstanding the foregoing, We reserve the right to terminate Your account without giving reasons therefor.
2. If Ticket2U terminates Your Account, any current or pending orders or payments on Your Account will be cancelled and the provision of Products or Services to You will be cancelled.
3. Ticket2U reserves the right to cancel orders or payments without stating any reasons for the same. Such may be effected at any time prior to the processing of any payment by You or the commencement of any ordered for Products or Services.
4. If orders or payments are cancelled for any reason prior to delivery of the Products to You, or commencement of the Services, You will be refunded any monies paid in relation to those purchases or transactions.
5. If You terminate Your Account, any non-completed orders or payments will be cancelled and You will be refunded any monies paid in relation to those orders.
PAYMENTS
Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that Order as may be applicable, unless alternative arrangements are agreed between You and TKK.