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HappyFun Conditions of Use

 

  1. Conditions of use

 

1.1              Your use of HappyFun’ products, software, services and web sites (referred to collectively as the “HappyFun Services”, and excluding any other services provided to you by HappyFun under a separate written agreement) is subject to these terms of use, and your express agreement to be bound by these terms.

 

HappyFun” means MA Privileges Sdn. Bhd., whose principal place of business is at 303A, 1st Floor, Lorong Selangor, Taman Melawati, 53100 Kuala Lumpur, Malaysia.

 

1.2              Unless otherwise agreed in writing with HappyFun, your agreement with HappyFun will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “General Terms”.

 

1.3              Your agreement with HappyFun will also include the terms of any legal notices applicable to the HappyFun Services and HappyFun’ privacy policy (refer to Clause 6 below), in addition to the General Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a HappyFun Service, these will be accessible for you to read either within, or through your use of, that HappyFun Service.

 

1.4              The General Terms together with the Additional Terms (collectively referred to as the “Terms”) form a legally binding agreement between you and HappyFun in relation to your use of the HappyFun Services. It is important that you take the time to read them carefully.

 

1.5              If there is any contradiction between the provisions of the Additional Terms and the General Terms, the Additional Terms shall take precedence in relation to that HappyFun Service.

 

 

  1. Accepting these Terms

 

2.1              In order to use the HappyFun Services, you must first agree to these Terms. You cannot use the HappyFun Services if you do not accept these Terms.

 

2.2              You can accept these Terms by:

 

(a)        clicking to accept or agree to these Terms, where this option is made available to you by HappyFun in the user interface for any HappyFun Service; or

 

(b)        by actually using the HappyFun Services. In this case, you understand and agree that HappyFun will treat your use of the HappyFun Services as acceptance of these Terms from that point onwards.

 

 

2.3              You cannot use the HappyFun Services and cannot accept these Terms if:

 

(a)        you are not of legal age to form a binding contract with HappyFun; or

 

(b)        you are a person barred from receiving the HappyFun Services under the laws of Malaysia or other countries including the country in which you are resident or from which you use the HappyFun Services.

 

 

3.                  Provision of the HappyFun Services

 

3.1              HappyFun has subsidiaries, affiliated legal entities and business partners (“Subsidiaries and Affiliates”) which may provide all or a part of the HappyFun Services to you on behalf of HappyFun. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide all or a part of the HappyFun Services to you.

 

3.2              HappyFun is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the HappyFun Services which HappyFun provides may change from time to time without prior notice to you.

 

3.3              As part of this continuing innovation, you acknowledge and agree that HappyFun may stop (permanently or temporarily) providing the HappyFun Services (or any features within the HappyFun Services) to you or to users generally at HappyFun’ sole discretion, without prior notice to you. You may stop using the HappyFun Services at any time, and need not inform HappyFun should you stop using the HappyFun Services.

 

3.4              You acknowledge and agree that if HappyFun disables access to your account, you may be prevented from accessing the HappyFun Services, your account details or any files or other content which is contained in your account.

 

3.5              You acknowledge and agree that while HappyFun may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the HappyFun Services or on the amount of storage space used for the provision of any HappyFun Service, such fixed upper limits may be set by HappyFun at any time, at HappyFun’ discretion.

 

 

  1. Use of the HappyFun Services

 

4.1              In order to access certain HappyFun Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the HappyFun Service, or as part of your continued use of the HappyFun Services. You agree that any registration information you give to HappyFun will always be accurate, correct and up to date.

 

4.2              You agree to use the HappyFun Services only for purposes that are permitted by:

 

(a)        these Terms; and

 

(b)        any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Malaysia or other relevant countries).

 

4.3              You agree not to access (or attempt to access) any of the HappyFun Services by any means other than through the interface that is provided by HappyFun, unless you have been specifically allowed to do so in a separate agreement with HappyFun. You specifically agree not to access (or attempt to access) any of the HappyFun Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in the relevant HappyFun Services.

 

4.4              You agree that you will not engage in any activity that interferes with or disrupts the HappyFun Services (or the servers and networks which are connected to the HappyFun Services).

 

4.5              Unless you have been specifically permitted to do so in a separate agreement with HappyFun, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the HappyFun Services for any purpose.

 

4.6              You agree that you are solely responsible for (and that HappyFun has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which HappyFun may suffer) of any such breach.

 

 

  1. Your passwords and account security

 

5.1              You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the HappyFun Services.

 

5.2              Accordingly, you agree that you will be solely responsible to HappyFun for all activities that occur under your account.

 

5.3              If you become aware of any unauthorized use of your password or of your account, or of another user’s password or account, you must immediately notify HappyFun at ask@HappyFun.asia  

 

 

6.                  Privacy and your personal information

 

6.1              For information about HappyFun’ data protection practices, please read HappyFun’ privacy policy at www.HappyFun.asia/privacy-notice. This policy explains how HappyFun treats your personal information, and protects your privacy, when you use the HappyFun Services. Please read this policy carefully.

 

6.2              You agree to the use of your data in accordance with HappyFun’ privacy policies.

 

 

 

  1. Intellectual proprietary rights

 

7.1              You acknowledge and agree that HappyFun (or HappyFun’ licensors) own all legal right, title and interest in and to the HappyFun Services, including any intellectual property rights which subsist in the HappyFun Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the HappyFun Services may contain information which is designated confidential by HappyFun and that you cannot disclose such information without HappyFun’ prior written consent.

 

7.2              Unless you have agreed otherwise in writing with HappyFun, nothing in these Terms gives you a right to use any of HappyFun’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

 

7.3              You should be aware that information (such as data files, written text, computer software, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the HappyFun Services (“Content”), including but not limited to advertisements in the HappyFun Services and sponsored Content within the HappyFun Services, may be protected by intellectual property rights which are owned by HappyFun, the sponsors or advertisers who provide that Content to HappyFun (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by HappyFun or by the owners of that Content, in a separate agreement.

 

 

  1. License from HappyFun

 

8.1              HappyFun gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by HappyFun as part of the HappyFun Services as provided to you by HappyFun (“Software”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the HappyFun Services as provided by HappyFun, in the manner permitted by these Terms.

 

8.2              You cannot (and you cannot permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by HappyFun in writing. You also cannot grant a security interest in or over your rights to use the Software.

 

 

  1. Software updates

 

           The Software which you use may automatically download and install updates from time to time from HappyFun. These updates are designed to improve, enhance and further develop the HappyFun Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit HappyFun to deliver these to you) as part of your use of the HappyFun Services.

 

  1. Ending your relationship with HappyFun

 

10.1          These Terms will continue to apply until terminated by either you or HappyFun, in the manner set out below.

 

10.2          If you want to terminate your agreement with HappyFun, you may do so by:

 

(a)        notifying HappyFun at any time; and

 

(b)        closing your accounts for all of the HappyFun Services which you use, where HappyFun has made this option available to you. Your notice should be sent, in writing, to HappyFun’ address which is set out at the beginning of these Terms.

 

10.3          HappyFun may at any time, terminate its agreement with you if:

 

(a)        you have breached any provision of these Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms);

 

(b)        HappyFun is required to do so by law (for example, where the provision of the HappyFun Services to you is, or becomes, unlawful);

 

(c)        the partner with whom HappyFun offered the HappyFun Services to you has terminated its relationship with HappyFun or ceased to offer the HappyFun Services to you; or

 

(d)       the provision of the HappyFun Services to you by HappyFun is, in HappyFun’ opinion, no longer commercially viable.

 

10.4          Nothing in this Clause shall affect HappyFun’ rights regarding the provision of HappyFun Services under Clause 3 or any other provisions of these Terms.

 

10.5          When these Terms come to an end, all of the rights, obligations and liabilities that you and HappyFun have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Clause 16.6 shall continue to apply to such rights, obligations and liabilities.

 

 

11.              EXCLUSION OF WARRANTIES

 

11.1          HAPPYFUN’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

11.2          YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE HAPPYFUN SERVICES IS AT YOUR SOLE RISK AND THAT THE HAPPYFUN SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

 

11.3          IN PARTICULAR, HAPPYFUN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A)       YOUR USE OF THE HAPPYFUN SERVICES WILL MEET YOUR REQUIREMENTS;

 

(B)       YOUR USE OF THE HAPPYFUN SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;

 

(C)       ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE HAPPYFUN SERVICES WILL BE ACCURATE OR RELIABLE; OR

 

(D)       THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

 

11.4          ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HAPPYFUN SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

11.5          NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAPPYFUN OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

11.6          HAPPYFUN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

 

12.              LIMITATION OF LIABILITY

 

12.1          SUBJECT TO CLAUSE 11.1, YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAPPYFUN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

 

(A)       ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR

 

(B)       ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

 

(I)        ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE HAPPYFUN SERVICES;

 

(II)       ANY CHANGES WHICH HAPPYFUN MAY MAKE TO THE HAPPYFUN SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE HAPPYFUN SERVICES (OR ANY FEATURES WITHIN THE HAPPYFUN SERVICES);

 

(III)     THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE HAPPYFUN SERVICES;

 

(IV)     YOUR FAILURE TO PROVIDE HAPPYFUN WITH ACCURATE ACCOUNT INFORMATION; OR

 

(V)       YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

 

12.2          THE LIMITATIONS ON HAPPYFUN’ LIABILITY TO YOU IN CLAUSE 12.1 SHALL APPLY WHETHER OR NOT HAPPYFUN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

 

 

  1. Advertisements

 

13.1          Some of the HappyFun Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the HappyFun Services, queries made through the HappyFun Services or other information.

 

13.2          The manner, mode and extent of advertising by HappyFun on the HappyFun Services are subject to change without specific notice to you.

 

13.3          In consideration for HappyFun granting you access to and use of the HappyFun Services, you agree that HappyFun may place such advertising on the HappyFun Services.

 

Other content

 

14.1          The HappyFun Services may include hyperlinks to other web sites or content or resources. HappyFun may have no control over any web sites or resources which are provided by companies or persons other than HappyFun, including the Subsidiaries and Affiliates.

 

14.2          You acknowledge and agree that HappyFun is not responsible for the availability of any such external sites or resources, and does not endorse, warrant or guarantee any advertising, products or other materials on or available from such web sites or resources.

 

14.3          You acknowledge and agree that HappyFun is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

 

  1. Changes to these Terms

 

15.1          HappyFun may make changes to these Terms from time to time. When changes are made, HappyFun will make a new copy of the General Terms available at https://www.happyfun.asia/conditions-of-use and any new Additional Terms will be made available from within, or through, the affected HappyFun Services.

 

15.2          You understand and agree that if you use the HappyFun Services after the date on which the General Terms or Additional Terms have changed, HappyFun will treat your use as acceptance of the updated General Terms or Additional Terms.

 

  1. General

 

16.1          In future, when you use the HappyFun Services, you may (as a result of, or through your use of the HappyFun Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these Terms do not affect your legal relationship with these other companies or individuals unless otherwise agreed between you.

 

16.2          These Terms constitute the whole agreement between you and HappyFun and govern your use of the HappyFun Services (but excluding any services which HappyFun may provide to you under a separate written agreement), and completely replaces any prior agreements between you and HappyFun in relation to the HappyFun Services.

 

16.3          You agree that HappyFun may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the HappyFun Services.

 

16.4          You agree that if HappyFun does not exercise or enforce any legal right or remedy which is contained in these Terms (or which HappyFun has the benefit of under any applicable law), this will not be taken to be a formal waiver of HappyFun’ rights and that those rights or remedies will still be available to HappyFun.

 

16.5          If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

 

16.6          These Terms, and your relationship with HappyFun under these Terms, shall be governed by the laws of Malaysia. You and HappyFun agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any legal matter arising from these Terms.

 

Last updated: 28th Oct 2016

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