1. SITEGIANT SERVICES
SiteGiant agrees to provide you the Services agreed upon between SiteGiant and you as selected by you in SiteGiant’s customer database that is specified at SiteGiant Sites.
|2.1||In consideration of the performance of the Services, you shall pay SiteGiant yearly in advance the amount set forth in SiteGiant’s customer database as such records are amended from time to time for the Services during the term of this TOS.|
|2.2||You shall receive a confirmation letter via e-mail at the time you contract for the Services, which shall confirm the fees payable to SiteGiant. Thereafter, you shall receive a yearly billing statement for the upcoming month. The yearly billing statement shall indicate any changes in fees, which fees shall become effective upon thirty (30) days’ notice as set forth in Section 2.4 herein.|
|2.3||You are responsible for all activities and charges resulting from your use of the Services. You agree to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by you and set forth in the yearly billing statement. You acknowledge that no refunds will be given by SiteGiant in the event that your account is terminated by SiteGiant or your mid-term. In the event of a breach of security, you will remain liable for any unauthorized use of the Services until you notify SiteGiant by sending an e-mail with account information to email@example.com.|
|2.4||Current rates for using the Services may be obtained on our website at www.sitegiant.my. SiteGiant reserves the right to change fees, surcharges, yearly membership fees or to institute new fees at any time. In addition, SiteGiant may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to you upon sign up. If SiteGiant does not receive the full amount of your Service account balance within thirty (30) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month will be added to your bill and shall be due and payable. You shall also be responsible for all attorney and collection fees arising from SiteGiant’s efforts to collect any unpaid balance of your account(s), and SiteGiant may terminate your account immediately without further notice.|
|2.5.1||Domain registration/transfer/renewal services is not refundable once sold.|
|2.5.2||Ecommerce packages of the Unicart Series, SiteGiant ERP Series, SiteGiant Lite Series and SiteGiant Multichannel Series are entitled for 14 days money back guarantee. All refund will have to deduct domain fee (if applicable any). After 14 days, Unicart Series, SiteGiant ERP Series, SiteGiant Lite Series and SiteGiant Multichannel Series packages are not refundable once sold.|
|2.5.3||Product or services that are not mentioned above are not refundable once sold.|
|3.1||Means of Performance. SiteGiant shall provide you with the SiteGiant services, as described at www.sitegiant.my hereto. SiteGiant has the right to control and direct the means, manner, and method by which the services are performed.|
|3.2||Support. SiteGiant shall provide a reasonable level of technical support to you via email or Web page for the term of this TOS.|
|3.3||Other Work. SiteGiant has the right to perform and license products to others during the term of this TOS. SiteGiant may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its clients. SiteGiant reserves the right to block any site hosted by SiteGiant that contains any content that SiteGiant deems in its sole discretion to be unacceptable or undesirable.|
|3.4||SiteGiant hold the right to modify or terminate the Service for any reason, without notice at any time.|
|3.5||SiteGiant reserve the right to refuse service to any party for any reason at any time.|
|3.6||SiteGiant has the right to remove Web Store Content containing unlawful, offensive, threatening, libelous, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.|
|3.7||SiteGiant does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.|
|3.8||SiteGiant has the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.|
|3.9||In the event of a dispute regarding Account ownership, SiteGiant reserve the right to request documentation to identify and confirm Account ownership. Documentation may include a scanned copy of your SSM business license certificate, Company letterhead and so forth.|
|3.10||SiteGiant has the right to determine, make final judgement of the rightful Account ownership and transfer the Account to the rightful owner.|
|3.11||If we are unable to reasonably determine the rightful Account owner, SiteGiant reserves the right to temporarily disable the Account until resolution has been determined between the disputing parties.|
|4.1||Client. You represent and warrant that (i) You are at least eighteen (18) years of age, (ii) You possess the legal right and ability to enter into this Terms of Service, and (iii) the performance of your obligations and use of the Services by you, your customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other SiteGiant clients’ use of Services. You assume all risks related to processing of transactions related to electronic commerce. You agree to provide SiteGiant with accurate, complete and updated information required by the registration of the SiteGiant host service (your Registration Data), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You agree to notify SiteGiant within thirty (30) days of any changes in your Registration Data.|
|4.2||Breach of Warranties. In the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, SiteGiant will have the right, in its sole discretion, to suspend or terminate immediately any Services.|
|4.3||Fees and Expenses. You shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between you and a third-party domain name registrar.|
|4.4||Third-Party Software. Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software. You consent and authorize SiteGiant to delegate the authorizations you provide to SiteGiant to its third party service provider(s) as SiteGiant deems necessary or desirable to provide the applicable Services. You agree that the terms and conditions of this TOS, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this TOS, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the TOS, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this TOS. You also agree that all reference to “SiteGiant” within this TOS and any incorporated terms are also deemed to include, where applicable, SiteGiant’s agents, such as the third party service providers.|
|4.5||Advertising, Solicitation, and Client Name Harvesting. You may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the SiteGiant clients or other Internet users unless you receive the express permission of such individuals. You may not use the means of unsolicited advertising to advertise a site hosted on the SiteGiant network. You may not use the Services to collect or “harvest” user-names of SiteGiant clients or other Internet users without the expressed prior permission of the member. SiteGiant reserves the right to block or filter mass email solicitations sent from sites hosted on the SiteGiant network.|
|4.6||Management of Site. You shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this TOS and any generally applicable guidelines and service standards published by SiteGiant. You warrant that your site hosted on the SiteGiant network (i) will conform to the SiteGiant TOS (ii) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (iii) will not contain any content which violates any applicable law, rule or regulation. SiteGiant shall have no obligations with respect to the content available on or through any site hosted on the SiteGiant network, including, but not limited to, any duty to review or monitor any such content. SiteGiant reserves the right to block any site that violates any of the above-stated terms, or which in SiteGiant’s sole discretion, SiteGiant deems objectionable or offensive, or otherwise violates a law or SiteGiant policy, or, in the alternative, to terminate this TOS in accordance with Section 8.3 herein.|
|4.7||Management of Content. All services provided by SiteGiant may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Malaysia law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. You agree to indemnify and hold harmless SiteGiant from any claims resulting from the use of the service which damages you or any other party. Note: Pornography and sex-related merchandising are prohibited on any SiteGiant server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to SiteGiant servers or any other server on the internet. Links to such materials are also prohibited.Examples of non-acceptable content or links:|
SiteGiant will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!
|4.8||Compliance Laws. You agree that you will use the Services only for lawful purposes and in accordance with this TOS. You will comply at all times with all applicable laws and regulations and the TOS, as updated by SiteGiant from time to time. The TOS are incorporated herein and made a part hereof by this reference. SiteGiant may change the TOS, with notice, which notice may be provided by posting such new TOS at the SiteGiant Site. You may request a current copy of the TOS by sending or faxing a request to SiteGiant. You agree that you have received, read and understand the current version of the TOS.|
|4.9||Proprietary Rights. Unless otherwise specified, all work performed hereunder, is the property of SiteGiant, and all title and interest therein shall vest in SiteGiant. To the extent that title to any such works may not, by operation of law, vest in SiteGiant all rights, title and interest therein are hereby irrevocably assigned to SiteGiant. All such materials shall belong exclusively to SiteGiant, and SiteGiant shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. You agree to give SiteGiant and any person designated by SiteGiant such reasonable assistance, at SiteGiant’s expense, as is required to perfect the rights defined in this paragraph.|
|4.10||Marketing Rights. You agree that SiteGiant may refer to you, or your business in SiteGiant marketing materials, the SiteGiant website, and communication to SiteGiant’s current and prospective clients. You grant SITEGIANT a limited license and permission to use any of your trade name and/or trademark for such, and only for such, purposes.|
|4.11||Copyright Violations. SiteGiant will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.|
|4.12||System Resource Usage. If SiteGiant’s system administration team determines that your account is utilizing an unacceptable amount of system resources, SiteGiant may temporarily deactivate the account in question. If SiteGiant’s staff deems necessary, an eviction notice may be sent to you of an offending account providing you with ten (10) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases. SiteGiant will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.|
|4.13||Domain Parking Circumvention. Any attempt to circumvent domain parking restrictions by using selective HTTP redirects or any other method to send traffic from parked domains to sites other than the main site is strictly prohibited. If multiple domain names with separate content are required, domain pointers must be used instead.|
|4.14||Backups. SiteGiant’s hosting accounts include a nightly backup service, however these backups are for SiteGiant’s administrative purposes only, and are in NO WAY GUARANTEED! You shall be responsible for maintaining your own backups on your own personal computers. SiteGiant does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on SiteGiant’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always backup your site’s contents by exporting it to CSV file to your personal computer! We make no guarantees about the availability of backups.|
|4.15||Support Abuse. At SiteGiant, we always treat our clients with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, you will be given ten (10) days notice to find a new host. We will issue a refund only for the unused portion of pre-paid service. Note: Due to our extremely high customer satisfaction rate, we have never had to invoke this clause.|
|4.16||Unsolicited Email (SPAM). SPAMing, or the sending of unsolicited email, from a SiteGiant server or using a return email address that is maintained on a SiteGiant is STRICTLY prohibited. Using SPAM to advertise a site hosted on SiteGiant’s network also constitutes as a violation of this provision. SiteGiant will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.|
|4.17||Server Abuse. Any attempts to undermine or cause harm to a SiteGiant’s server or client of SiteGiant is strictly prohibited.SiteGiant will be the sole arbiter as to what constitutes a violation of this provision. If you are found in violation of this provision, you will be subjected to account deactivation without refund. SiteGiant will turn all available information about abuse incidents, including your contact data, over to the proper authorities and press charges.|
|4.18||Failure to Follow Policies. Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to SiteGiant’s discretion). Any accounts and/or servers contained within SiteGiant’s network must adhere to the above policies.We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.SiteGiant reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.|
|5.1||Limitation. In the event that any limited guarantees are provided by SiteGiant, such limited guarantees are null and void if you fail to follow other SiteGiant policies or otherwise breach this Terms of Service in any respect.|
|5.2||No Other Warranty. SiteGiant does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the Services or any information that may be obtained there from is at your own risk. The Services are provided on an “as is” basis, and your use of the Services is at your own risk. Except as provided in the order form(s), SiteGiant does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. SiteGiant does not represent or warrant that the Services will be uninterrupted, error-free, or completely secure. SiteGiant does not warrant that the quality of any products, services, information, other material purchased, or any errors in the Service will be corrected.In no event shall SiteGiant or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, SiteGiant partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.|
|5.3||Disclaimer of Actions Caused by and/or Under the Control of Third Parties. SiteGiant does not and cannot control the flow of information to or from SiteGiant’s network and other portions of the Internet. Such flow depends in large part on the performance of the Internet services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt your connections to the Internet (or portions thereof). SiteGiant cannot guarantee that such events will not occur. Accordingly, SiteGiant disclaims any and all liability resulting from or related to such events.|
|6.1||Images displayed in the templates by SiteGiant are solely for illustration purposes and the copyright belongs to the respective owners. SiteGiant does not claim any intellectual property rights over the illustration images in the templates by SiteGiant and the material you provide to the SiteGiant service. All material you upload remains yours.|
|6.2||You can remove your SiteGiant store at any time by deleting your Account.|
|6.3||By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow SiteGiant to display and store your Store Content; and (c) that SiteGiant can, at any time, review all the Store Content submitted by you to its Service.|
|6.4||You retain ownership over all Store Content that you upload to a SiteGiant store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.|
|6.5||We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.|
|6.6||SiteGiant shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.|
|6.7||You acknowledge that these Terms of Service does not grant you any title or proprietary right or interest over SiteGiant Services’ software and technology, and any other eCommerce solutions or services provided by SiteGiant. You shall not perform or attempt to perform any of the following actions:|
|6.8||“SiteGiant” and its logos are trademarks of SiteGiant Sdn Bhd and the compilation, collection, selection, arrangement, assembly and coordination of all content available on the SiteGiant website are the exclusive copyright of SiteGiant Sdn Bhd.|
You agree to indemnify, defend and hold SiteGiant and its affiliates, agents, employees, and licensors (including the third party service providers) harmless from any and all claim, demand, loss, costs or expense, including attorneys’ fees, made by any person arising out of your violation of this Terms of Service, State or Federal Securities laws or regulations, or any other person’s rights including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will SiteGiant or its affiliates, agents, employees, or licensors (including third party service providers) be liable for any damages of any kind that result from the use of, or the inability to use, Services, even if any such party has been advised of the possibility of such damages.
In no event will SiteGiant or its third party service providers be liable to you or any third Party for any tort, contract or any other liability arising in connection with the use of the Services, or reliance on any information or services provided by SiteGiant. SiteGiant and its third party service providers will under no circumstances be liable to you and/or any third party, regardless of the form of action, for any loss of profits, goodwill, use, data or other intangible losses, or any direct, indirect, special, consequential, incidental or punitive damages whatsoever, even if SiteGiant or its third party service providers has been advised of the possibility of such damages, resulting from: (i) the use of the inability to use the Services; (ii) the timeliness, deletion, misdelivery, or failure to store any client data, communications or personalization settings; (iii) the cost of getting substitute goods and services resulting from any products, data, information or services purchases or obtained or messages received or transactions entered into, through or from the Services; (iv) statements or conduct of anyone on the Services; (vi) the use, inability to use, unauthorized use, performance or non-performance of any third party, even if the third party has been advised previously of the possibility of such damages; or (vii) any other matter relating to the Services. You agree that you will not in any way hold SiteGiant responsible for any selection or retention of, or the acts or omissions of, third parties (including third party service providers) in connection with the Client Services.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of SiteGiant and its third party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liability or remedies available as set forth in this Terms of Service, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Terms of Service fail, then you expressly agree that under no circumstances will the total, aggregate liability of SiteGiant and its third party service providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
|8.1||Without Cause. This Terms of Service may be terminated by either party at any time during any Renewal Term for any or no reason upon either party giving to the other no less than five (5) days’ prior written notice of termination. No matter which party terminates the Terms of Service pursuant to this Section 8.1, any and all payment obligations of yours under this Terms of Service for Service(s) provided through the date of termination will immediately become due, and you shall be required to prepay for any portion of the Services that have not been paid for and are to be rendered during such five (5) day period.|
|8.2||For Cause. In addition to any other rights it may have under this Terms of Service or applicable law, SiteGiant may immediately terminate this Terms of Service or suspend service, effective without notice, in the event of (i) a default in payment, or (ii) your breach or failure to comply with the Terms of Service or other policies of SiteGiant. You may terminate this Terms of Service if SiteGiant breaches any material term or written notice of same. If this Terms of Service is terminated by SiteGiant under this Section 8.2, all balance of the then current term shall immediately become due and payable. In addition to the foregoing, SiteGiant reserves the right to prohibit any conduct or to remove any materials or content in violation of the Terms of Service or which SiteGiant believes in its sole discretion to be illegal or potentially harmful to others or may expose SiteGiant to harm or liability.|
|8.3||No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this Terms of Service in accordance with its terms.|
|8.4||Survival. The following provisions will survive any expiration or termination of the Terms of Service: Section 4, 5, 6, 7, and 8.|
|8.5||IP Address. Upon expiration, cancellation or termination of this Agreement, you shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to you by SiteGiant or its network services supplier (but not the URL or top level domain connected therewith). SiteGiant reserves, in its sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.|
|8.6||Certain data that is stored in SiteGiant can be migrated out personally such Customers, Products & Orders can be exported out via CSV File Format. Besides, Images and email data can be migrated out in raw format upon request.|
|8.7||Data will be removed after 2 months’ period of plan expiration. Within the 2 months’ period of plan expiration, you may contact SiteGiant team for renewal of the eCommerce Plan. You reserve the right to request SiteGiant team to perform immediate data removal at any time.|
|8.8||You own the ownership of domain name that is registered through SiteGiant. You have the right to transfer the domain name to other services provider before 30 days of the domain expiration date or you may continue to renew the domain through SiteGiant even though you cease the eCommerce plan subscription.|
|8.9||If a domain name expires and falls under suspension status, It can’t be renew. Unless a certain penalty fee to be paid for renewal.|
|8.10||SiteGiant eCommerce engine, software, coding structure and cart systems cannot be transferred or migrated out from our server. Due it’s SiteGiant intellectual property.|
|8.11||Any customization functions or additional add on services that is purchased for SiteGiant eCommerce usage cannot be migrated out or request for refund when you stop your subscription with SiteGiant service. *Exclude SSL Certificate.|
|8.12||SiteGiant may make changes to your Store to rectify the infringing content if you breach any of the provisions of these Terms of Service and you fail to remedy it within the time period set out in our email notification to you or you fail to conform to the instructions in our notification to our absolute satisfaction.|
|8.13||You agree that SiteGiant shall not be liable for any damage, foreseeable or unforseeable, direct or indirect, that may result from the changes made to your Store under this section 8.12.|
|9.2||For your information, SiteGiant employs Secure Socket Layers (SSL) to protect all your personal information. SiteGiant uses designated processors to handle all credit card payments and does not store any credit card information in any format or record.|
|10.1||Assignment. You may not assign this Terms of Service or any of your rights or obligations hereunder without the prior written consent of SiteGiant, and any such attempted assignment shall be void. This Terms of Service shall be binding upon the parties’ respective successors and permitted assigns.|
|10.2||Notices. Any notices or communication under this Terms of Service shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.|
|10.3||Governing Law. This Terms of Service, and all future agreements you may enter into with SiteGiant, unless otherwise indicated on such other agreement, will be governed by the laws of the Malaysia, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with SiteGiant in Malaysia or elsewhere. If any part of the Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This Terms of Service and SiteGiant policies are subject to change by SiteGiant without notice. Continued usage of the Services after a change to this Terms of Service by SiteGiant or after a new policy is implemented and posted on the SiteGiant Site constitutes your acceptance of such change or policy. We encourage you to regularly check the SiteGiant Site for any changes or additions.|
|10.4||Modifications. No modifications, amendment, supplement to or waiver of this Terms of Service or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.|
|10.5||Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.|
|10.6||Severability. In the event any one or more of the provisions of the Terms of Service or any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.|
|10.7||Force Majeure. SiteGiant and its affiliates, agents, employees, or licensors (including third party service providers) shall not be liable for failure to perform any obligation under this Terms of Service if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, war, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Terms of Service without penalty and without further notice.|
|10.8||Independent Contractors. The parties to this Terms of Service are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Terms of Service shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.|
|10.9||Implied Agreement. CONTINUED USE OF THE SERVICES AND/OR PRODUCTS CONSTITUTES IMPLIED AGREEMENT WITH THIS TERMS OF SERVICE IN THEIR ENTIRETY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS ASSOCIATED WITH SAID SERVICES, INCLUDING THIS TERMS OF SERVICE.|
|10.10||Entire Agreement. This Terms of Service, sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which are different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.|
|10.11||No Party Deemed Drafter. In the event that any provision hereof is construed by a court of law or equity or an arbitrator, no provision herein shall be construed more harshly against either party as drafter.|
Any questions regarding this agreement should be sent to SiteGiant’s Sales Department prior to signing up for service.
1. The SiteGiant x Lalamove First Time 10% Top-Up Bonus Campaign (the “Promotion”) is provided by LALAMOVE MALAYSIA SDN BHD (COMPANY NO. 1277201-W) (“Lalamove”) and SiteGiant Sdn Bhd (“SiteGiant”). By participating in the Promotion by registering via this link: https://sitegiant.my/lalamove-integration and/or receiving the Bonus (as defined below), this indicates you understand and agree to be bound by these Terms.
2. You are eligible to participate in the Promotion and become an “Eligible Customer” if all of the following requirements are satisfied:
a. You have enrolled in the Promotion through the dedicated main landing page for the Promotion via this link: https://sitegiant.my/lalamove-integration (“the Form”) during the Promotion Period (as defined below);
b. You have become a registered corporate (prepaid settlement) account holder of Lalamove;
c. You have signed up as a new merchant of SiteGiant and you have been onboarded by SiteGiant following satisfaction of all requirements from SiteGiant during the Promotion Period;
d. You are a company incorporated in Malaysia with a valid business registration certificate; and
e. SiteGiant and Lalamove reserve the right to refuse any Eligible Customers their participation in the Promotion for any reason and without any prior notice.
3. If you are an Eligible Customer, you are eligible to a one-time fixed credit bonus equal to 10% of the amount first topped up, to be credited to your Lalamove corporate e-wallet account (the “Bonus”) if you successfully topped up at least RM 100 during at least one single transaction to your Lalamove corporate account (the “Transaction”).
4. This Promotion commences on 15th July 2022 with the end date to be announced at a later date (the “Promotion Period”).
5. If the Eligible Customer satisfies the Conditions in clause 3 of these Terms, the Bonus will be credited within 30 days immediately following the registration of your Lalamove corporate account.
6. The relevant top-up amounts in the Lalamove account have unlimited validity from the date of the successful top-up. The Bonus is subject to applicable agreements governing your Lalamove corporate account.
7. The relevant top-up amounts are not redeemable for cash or cash-out, for resale and no refund or exchange is permitted (except as required by applicable laws).
8. During the Promotion Period, in case of any fraud or abuse in respect to how the Bonus is awarded, Lalamove reserves the right to debit the Bonus from the Eligible Customer’s Lalamove corporate account without prior notice.
9. The Bonus cannot be earned in conjunction with other offers, packages or promotions as may be launched by Lalamove from time to time, unless specified by Lalamove. The Bonus cannot be transferred to third parties or other accounts, or exchanged for any other gifts, returned or exchanged for other products with respect to Lalamove.
10. SiteGiant and Lalamove reserve the right to amend, and/or vary any of these Terms and any arrangement of this Promotion, limit, suspend, cancel, and/or terminate the Promotion, without notice and without any liability.
11. In addition:
a. General terms and conditions of Lalamove would all apply (https://www.lalamove.com/en-my/terms-and-conditions).
c. By participating in the Promotion, you expressly consent that any personal information that you provide, may be shared between SiteGiant and Lalamove for purposes of the Promotion and all related administrative actions in connection therewith.
12. These Terms are governed by the law of Malaysia. In case of any dispute, SiteGiant and Lalamove reserve the right of final decision.
13. For any enquiries:
Related to SiteGiant, please contact firstname.lastname@example.org
Related to Lalamove, please contact email@example.com
1. This promotion availability will be based on first come, first served basis.
2. This promotion is not applicable for renewal usage.
3. This promotion is valid for new signups only.
4. Duration of this free subscription offer is 3 + 12* months (*T&C apply).
5. Free 3 months subscription from SiteGiant and 12 months subscription from Government subsidy campaign (subject to availability).
6. SiteGiant reserves the right to change these terms and conditions at any time without prior notice.