Terms & Conditions
(Updated on 13 July 2015)
By using the Website, you accept to be subject to the User Terms. If you do not accept these User Terms, you are not permitted to use the Website and are kindly requested not to use the Website any further.
THE SERVICES ON THE WEBSITE
1.0 User Registration
1.1 In order to write review on a particular online store, you shall register with Website by providing your username and email address to the Website (hereinafter “Registered User”). Therefore, you must consider if you wish to use an username, from which you can be identified by others. The names shall not (i) be offensive or or in other ways insulting, (ii) contains the terms such as “Guest”, “Admin”, domain names, or (iii) contain characteristics, including names of famous persons, which belongs to a third party, or personal names to which you do not own the rights. You shall warrant that your username does not infringe any rights (including any intellectual property right(s) belonging to any third part and / or the User Terms.
1.2 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your username in case of your violation or suspected violation of these User Terms or applicable law.
1.3 Your name will be shown on the Website whenever you write or comment on reviews. However, your email address will not be published in the Website.
2.0 User Generated Content
2.1 You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews of articles or other types of communication (hereinafter “User Generated Content” or “UGC”), which are created on the Website by Registered Users. We may freely use and transfer the UGC and disclose the UGC to third parties.
2.2 Registered Users shall be liable for the content of the UGC they publish on the Website.
2.3 Registered Users warrant that all UGC posted on the Website shall be correct and true (where they state facts) or be genuinely held (where they state opinions).
2.4 UGC shall relate to a company or organization from which the Registered User has purchased the company’s products or services.
2.5 Registered Users shall not publish UGC regarding companies to which they have personal or professional relations.
2.6 Registered Users shall not publish UGC on the website, which
- is of a marketing nature or has marketing purposes;
- is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic, profane, political in or which otherwise violates the Terms of Service;
- has sexist, political or racial character;
- violates other people’s rights, including any intellectual property rights, rights of privacy and / or rights of publicity;
- are offensive or in any way breach any applicable local, national or international law or regulation;
- violates these User Terms, including the Review Guidelines;
- reveals any personal information about another individual, including another person’s name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person, which information has not been provided by the User in Public Content;
- has a disloyal or unlawful purpose and / or content (or promotes unlawful purposes); or
- is technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
2.7 Contributors of UGC warrant in every context that the UGC is lawful and in compliance with the User Terms. If the Website receives notice or otherwise becomes aware that UGC violates current legislation and / or the User Terms, we may without any notice delete the UGC and we – dependent on the character of the violation – may inform the violated party and / or the authorities. Our right to delete shall not be conditioned by an explanation, although we shall strive to inform the Registered User about the deletion and the reason hereof.
2.8 The Registered User shall guarantee to indemnify us for any claims which may be made against us as a consequence of the Registered User’s violation of the User Terms or current legislation.
2.9 We may at any time request information about the UGC from the Registered User, including documentation supporting the information included in the UGC. The Registered User shall e.g. document that the UGC is based on an actual purchase experience in an actual customer relation to the company which the UGC relates.
2.10 The Registered User shall indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from the UGC of the Registered User.
3.1 The Website and the services we offer via the Website, including all underlying technology and intellectual property rights embodied therein, are and shall remain our sole and exclusive property and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website (“Feedback”), we shall be free to fully exploit such Feedback.
3.2 The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software shall be our property or a third party owner (other than the Registered User) and are protected by Malaysia and International legislation, including without limitation applicable copyright and trademark laws.
3.3 Unauthorised copying, distribution, presentation or other use of the Website or part hereof may thus result in civil and criminal penalties.
3.4 To the fullest extent permitted by law, the rights for our free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations by submitting the UGC to us.
3.5 Downloading and other digital copying of the content on the Website or parts hereof shall only be permitted for personal non-commercial use, unless otherwise agreed with us in writing or allowed under applicable mandatory law.
3.6 All company names, trademarks and other business characteristics on the Website shall be our property or a third party owner (other than the Registered User) and shall only be used for business purposes upon prior approval from us or the third party owner, respectively.
4.0 Personal data
4.2 We follow the Personal Data Protection Act (PDPA).
THE WEBSITE, CONTENT AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED ‘AS IS’ AND AS AVAILABLE WITHOUT REPRESENTATION WARRANTY OF ANY KIND. VSDAILY.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
We make no representations or warranties with respect to any UGC published on the Website. Notwithstanding the foregoing VSDaily.com may at all times investigate and edit (including anonymization) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for UGC compliance with our Review Guidelines.
We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC including UGC which has been edited by us. We shall not be held liable for any links to third party Websites in the UGC, including for the content of the page to which the UGC links.
Recommendations, reviews, comments etc. of specific online businesses on the Website are provided by Registered Users and are not endorsements by us. We disclaim all liability for the content of the Website. The use of our services shall in any respect be the sole responsibility of the users. We shall not be held liable for the availability of the Website.
6.0 Limitation of Liability
WE SHALL IN NO CASE BE HELD LIABLE FOR DAMAGES FOR THE USE OF THE WEBSITE, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE IS DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
OUR TOTAL AGGREGATE LIABILITY (INCLUDING WITHOUT LIMITATION, LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY) ARISING FROM OR IN CONNECTION WITH THE USER TERMS SHALL FOR ANY AND ALL ACTIONABLE CIRCUMSTANCES BE LIMITED TO THE ACCUMULATED FEES PAID BY YOU FOR THE SERVICES OFFERED ON THE WEBSITE DURING THE PREVIOUS 12 MONTHS PRIOR TO THE ACTIONABLE EVENT, IF ANY. NOTHING IN THE USER TERMS EXCLUDES OR LIMITS EITHER PARTY’S LIABILITY MATTERS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Nothing in the User Terms excludes or limits our liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7.0 Other Terms
7.1 We may at any time revise or change these User Terms. We will make an effort to provide reasonable advance notice of any such changes. We may at any time, in our own discretion and without notice, close, change or reorganise the Website. As a Registered User you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms shall be stated on the Website. We shall furthermore strive at informing the Registered Users about the change of the User Terms. The Registered Users agree that the continued use of the Website after any posted modified version of the User Terms is an acceptance of the modified User Terms.
7.2 Should any of these User Terms be regarded as unlawful or without effect and thus cannot be enforced, this shall not have any effect of the applicability and enforcement of the remaining part of the User Terms.
7.3 It is VSDaily.com’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.