Terms & Conditions

Terms & Conditions

1. ACCEPTANCE

  1. Welcome to StayEVO. By using this Website and/or Apps (both of which are defined below) you are agreeing to these Terms and Conditions (defined below). Please read them carefully. If you have any questions please e-mail us at support@stayevo.com
  2. StayEVO Sdn. Bhd. (“StayEVO” "we" or “us” or “our”) owns and operates the website, www.stayevo.com (“Website”), and mobile application in respect of StayEVO (“Apps”) by which the Terms and Conditions (defined below) shall govern and apply to your use of the Website and/or Apps. By: (a) using the Website and/or Apps; (b) StayEVO’s services through the Website and/or Apps; (c) registering an account with us; (d) making available for purchase any goods, services or experiences; (d) undertaking any transaction, purchase or Voucher redemption on the Website; you agree to these Terms and Conditions (defined below) and any additional terms which are applicable to whatsoever programs in which you may elect to participate in. You also agree to our privacy policy (“Privacy Policy”) incorporated herein by reference and located at here and acknowledge that you will regularly visit the Terms and Conditions (defined below) to familiarize yourself with any revision thereto. (The Privacy Policy, together with all of the terms and conditions stipulated herein or hereafter, are collectively referred to as the "Terms and Conditions"). If you do not agree to these Terms and Conditions, please immediately stop using the Website and/or Apps and do not use any of StayEVO services, participate in any program or transact for, purchase or redeem any Voucher, products, goods or services made available through this Website and/or Apps. For the avoidance of doubt, the Terms and Conditions apply also to all Merchants that use this Website and/or Apps. For additional terms and conditions that are applicable to the Merchants, please refer to the Merchants Policy.
  3. The Website and/or Apps, any contents therein and the infrastructure used to provide the Website and/or Apps are proprietary to us, our affiliates, Merchants, and other content providers. By using the Website and/or Apps and accepting these Terms and Conditions: (a) we grant you a limited, personal, non-transferable, non-exclusive, revocable license to use the Website and/or Apps subject to and in accordance with the Terms and Conditions and to any additional terms and policies that we may determine; 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 Website and/or Apps without our prior permission in writing.

2. MODIFICATION OR VARIATION

  1. We reserve the right to discontinue, amend or vary any part of these Terms and Conditions at any time at our sole discretion. Any changes to the Terms and Conditions will be effective upon the posting of the amended or varied Terms and Conditions. If you do not agree to the changes, you may close your account and you should not use the Website, Apps or any services offered through the Website and/or Apps after the effective date of the changes. We suggest that you revisit the Terms and Conditions regularly to ensure that you stay informed of any changes made. You agree that your continued use of the Website and/or Apps after such changes are made will constitute your unconditional acceptance of these changes and the Terms and Conditions as modified or varied.

3. USE OF THE WEBSITE AND/OR APPS

  1. Website and/or Apps: The Website and/or Apps is a platform through which certain merchants (“Merchants”): (a) sell or make available vouchers, coupons or promotional codes (“Vouchers”) that consumers may use to purchase and/or redeem products, goods, services or experiences indicated on the Vouchers; and/or (b) sell or make available any products, goods, services or experiences (collectively, “Merchant Products”). Merchants are the sellers and issuers of the Vouchers, and are also the sellers and suppliers of the Merchant Products. Therefore, the Merchants are solely responsible to the consumers for the care, quality, and delivery of the Merchant Products. The Vouchers and Merchant Products made available at the Website and/or Apps may change at any time based on our discretion, without further notice to you.
  2. Eligibility: As a condition of your use of the Website and/or Apps you represent to us and agree that:
    • you are eighteen (18) years of age or above; and (b) if you are under 18, you are at least 13 years old or older and are accessing the Website and/or Apps with the knowledge and consent of your parents or legal guardian, who will be deemed to have agreed to and accepted these Terms and Conditions.
    • you are able to create a binding legal obligation;
    • you are not barred from providing or receiving any products or services under applicable law;
    • your use of the Website and/or Apps will at all times comply with these Terms and Conditions;
    • you will only make legitimate commercial transaction that comply with the letter and spirit of the terms of the respective offers;
    • you will only make purchases on the Website and/or Apps for non-commercial use, for your own use and enjoyment or as a gift for another person;
    • you have the right to provide any and all information you submit to the Website and/or Apps and all such information is accurate, true, current, and complete;
    • you will update and correct information you have submitted to the Website and/or Apps and ensure that it is accurate at all times (and in this regard, out-of-date information may invalidate your account); and
    • you will only make available or acquire (as the case may be) a Voucher, Merchant Products or participate in other available programs through the Website and/or Apps by creating an account on the Website and/or Apps (as the case may be), and all transaction, purchase or redemption will be subject to Terms of Transaction, Purchase and/or Redemption set forth in section [5] herein.
    Notwithstanding the foregoing, we reserve the right, at our absolute discretion, to prevent you from using the Website and/or Apps, and our services for any reason that we deem fit and proper without further notification to you.
  3. Non-Commercial Distribution: The availability of the Vouchers and Merchant Products are strictly for consumer’s non-commercial and personal use only. Commercial use for any business purposes is prohibited unless permitted by us in writing.
  4. Equipment: To use the Website and/or Apps you shall use your own computer, equipment, internet connectivity and appropriate telecommunication links at your own costs and expenses. We shall not be liable for any costs or expenses that you may incur in connection with the same.

4. ACCOUNT

  1. Account: The use of certain services and features made available on the Website and/or Apps may require you to create and maintain an account with us. Such account can be created on the Website and/or Apps. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person.
  2. Registration: To create the account, you need to supply us with, among others, your name, identity number, contact details, email address and/or some other personal information that we may deem necessary. For the purpose of creating and maintaining an account with us, you agree to provide us true, accurate, current and complete information in the registration form on the Website and/or Apps and to make all necessary changes, additions or deletions to your account settings to keep such information current and up-to-date. You may only create and hold one account for your personal use. You are not allowed to create multiple user accounts and we reserve the right to decline a new registration or to cancel a registered account at any time if we deem necessary to do so. By submitting your personal information to us, you acknowledge, agree to and accept our personal data notice, and hereby consent to authorise us to process your personal data for such purposes as set out in the notice. Please see our Privacy Policy for more details about this.
  3. Passwords: We shall not be responsible or liable for the manner in which your account, e-mail address or password is used. You understand and agree that we shall have no responsibility for any incident arising out of, or related to, your account. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Website and/or Apps or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
  4. Valid E-mail Address: Your account must be registered with a valid e-mail address, so that, among other things, administration e-mails can be sent to you. We reserve the right to close your account without further notice or we may require you to validate your account if we believe that you have been using an invalid e-mail address.
  5. Closing Accounts: Notwithstanding anything contained herein, we reserve the right to suspend and/or close your account for any reason we deem fit and proper without further notice to you.
  6. Multiple Accounts: If you use multiple logins or accounts for the purpose of disrupting or annoying other users, we reserve the right to take any action which we deem fit against you, your account or your use of the Website and/or Apps.

5. TERMS OF TRANSACTION, PURCHASE AND/OR REDEMPTION

  1. E-mails: As a condition to the use of the Website and/or Apps, you agree to receive from us e-mails in relation to your account activity, Voucher redemption, updates about the Website, the Apps, StayEVO services, as well as any other promotional offers. You are able to opt-out from receiving such e-mails or to unsubscribe to such information at any time by clicking on the relevant “unsubscribe” link at the bottom of any of such e-mail correspondence.
  2. Product Description: Descriptions of the Merchant Products advertised or made available on the Website and/or Apps are provided by the respective Merchants. We do not investigate or verify any details in respect of the Merchants or the Merchant Products. We are not responsible for any claims associated with the description of the Merchant or the Merchant Products. Description including the pricing relating to certain Merchant Products and other available programs on the Website and/or Apps may change at any time in our sole discretion without notice.
  3. Merchant Products:
    • The Merchants may advertise or make available the Merchant Products or other products, goods, services or experiences on the Website and/or Apps that require the Merchant to have an up-to-date regulatory authorisation, licence or certification. We do not verify, validate, or collect evidence of any regulatory authorisation, license or certification from any Merchant. Consumers should conduct whatever investigation necessary or appropriate before acquiring any Voucher or Merchant Product for assessment as to whether: (i) the Merchant is qualified to provide such Merchant Products or any other products, goods, services or experience advertised; or (ii) the Merchant Product is of the care and quality required. The Merchants are solely responsible for the care and quality of the respective Merchant Products or any other products, goods, services or experiences made available on the Website and/or Apps.
    • We are not health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the Website and/or Apps. The Website and/or Apps are not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Consumers should always seek the advice of qualified physician or other qualified health provider with any questions regarding a health condition.
  4. Validity of Transaction, Purchase Or Redemption: The validity of a transaction, purchase or Voucher redemption is subject to us issuing you a confirmation that such transaction, purchase or redemption has been verified and accepted by us. We shall be entitled to refuse to process or cancel any transaction, purchase or Voucher redemption without giving any reasons for the same to you. Upon the issuance of a confirmation that your transaction, purchase or redemption has been verified and accepted by us, you shall not modify or cancel the transaction, purchase or Voucher redemption or refuse to redeem the relevant Merchant Product unless we agree to such modification, cancellation or refusal in writing. In such event, you shall indemnify us in full against all loss, costs, damages, charges and/or expenses incurred by us as a result of such modification, cancellation or refusal as the case may be.
  5. Vouchers:
    • Vouchers distributed by us are redeemable for certain products, goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher, the Website and/or the Apps. The Merchant is solely responsible for redeeming the Voucher in exchange for the Merchant Products. You acknowledge and agree that the Merchants are fully and solely responsible for the care and quality of all products, goods and services they provide (including the Merchant Products) and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause any consumers to suffer (directly or indirectly) in full or in part, whether related to the use or redemption of a Voucher or not. You (being the Merchants or the consumers, as the case may be) agree to waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of a Merchant in connection with any use of any Voucher or any of the Merchant Products or any other products, goods, services or experiences a Merchant provides.
    • Once a request to acquire any Merchant Products in exchange for a Voucher has been confirmed and validated by us, you (being the Merchants or the consumers, as the case may be) are entitled to dispose of or acquire the Merchant Products indicated in the relevant Voucher used. By purchasing, printing, accepting, using or attempting to use any Voucher, you agree to: (a) the terms and conditions printed on the Voucher; and (b) the Terms and Conditions contained herein. Any redemption which is inconsistent with: (i) the terms and conditions contained in the Vouchers; or (ii) the Terms and Conditions herein, may render a Voucher void. We reserve the right to refuse to validate or accept any request to dispose of or acquire the Merchant Products in exchange for any Voucher.
  6. Restrictions:
    • Unauthorised or unlawful reproduction, resale, modification or trade of Vouchers in contravention of the Terms and Conditions is prohibited. Any attempt to carry out any of these will render the Vouchers void at our discretion.
    • If the Voucher is redeemed for less than its face value, there is no entitlement to a credit, cash or new Voucher equal to the difference between the face value and the amount redeemed. Also, Vouchers are redeemable in their entirety only and may not be redeemed incrementally. The Vouchers are not redeemable for cash, unless required by law.
  7. Promotions: It is at the discretion of the Merchant to determine whether the Voucher can be used in conjunction with any other promotions, vouchers, third party certificates or coupons.
  8. Lost, Stolen Or Destroyed Vouchers: Neither we nor the Merchant are responsible for lost, stolen or destroyed Voucher.
  9. Expiry: The Voucher expires on the date specified on the Voucher. Any redemption after the expiry date specified on the Voucher will not be permitted.
  10. Status of Vouchers: All Vouchers are promotional vouchers that are offered for purchase below their face value and/or complimentary products, foods, etc. and are subject to these Terms and Conditions and/or any terms and conditions as may be specified by the relevant Merchant.

6. USER OBLIGATIONS

  1. Merchant’s Terms: The consumers hereby acknowledge that the Merchants may impose other terms and conditions which may be applicable to the transaction, purchase or redemption in relation to the Voucher or Merchant Products and the consumers unconditionally agree to and shall abide by those additional terms and conditions.
  2. Restrictions: You undertake not to use or permit anyone else to use your account, the Website and/or Apps:
    • To send or receive any material which is immoral, illegal, not civil or tasteful;
    • To send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third-party rights;
    • To send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
    • To send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
    • To cause annoyance, inconvenience or needless anxiety;
    • To intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
    • For a purpose other than which we have designed them or intended them to be used;
    • For any fraudulent purpose;
    • Other than in conformance with accepted Internet practices and practices of any connected networks; or
    • In any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
  3. Restriction: The following use of the Website and/or Apps and/or the Voucher are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
    • resale of any Voucher;
    • furnishing false data including false names, addresses and contact details;
    • attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorized to access, or probing the security of other networks (such as running a port scan);
    • accessing the Services and/or Website/App in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
    • executing any form of network monitoring which will intercept data not intended for you;
    • sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts.
    • creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
    • sending malicious email, including flooding a user or site with very large or numerous emails;
    • entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
    • using the services or Website/App (or any relevant functionality of either of them) in breach of this Terms and Conditions;
    • unauthorized use, or forging, of mail header information;
    • engage in any unlawful activity in connection with the use of the Website/App and/or the services or any Voucher; or
    • engage in any conduct which, in our reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website/App and service.

7. RULES ABOUT USE OF THE WEBSITE AND/OR APPS

  1. We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Website and/or Apps will be free of faults (or that the Vouchers will be free of error), and we do not accept liability for any of such errors or omissions. In the event of an error or fault, you should report it by email to support@stayevo.com
  2. We do not warrant that your use of the Website and/or Apps will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Website and/or Apps will be transmitted accurately and reliably, in a timely manner or at all.
  3. We do not give any warranty that the Website and/or Apps is free from viruses or anything else which may have a harmful effect on any technology.
  4. We shall not be held liable in the event access to the Website and/or Apps is suspended, restricted or terminated at any time for whatsoever reason.
  5. We reserve the right to change, modify, substitute, suspend or remove without notice any contents in the Website and/or Apps or information in respect of the Vouchers and Merchant Products. You accept that your access to the Website and/or Apps may also be suspended, hindered, interrupted or restricted to allow for system repairs, maintenance or for whatsoever reason that may be within our control. We assume no responsibility for such suspension, hindrance, interruption or restriction.

8. SUSPENSION AND TERMINATION

  1. If you (or any other third party authorized by you) use the Website and/or Apps, StayEVO services in contravention of these Terms and Conditions, we may suspend your access to and use of the Website and/or Apps and StayEVO services (with or without conditions) immediately without further notice to you. We reserve our rights to initiate any claim for losses or damages resulting from such contravention.

9. INDEMNITY

  1. You agree and undertake to defend, indemnify and hold us, our subsidiaries and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from: (a) your use of the Website and/or Apps ; (b) the placement or transmission of any message, information, software or other materials through the Website and/or Apps by you; (c) fraud, misconduct or negligence on your part; or (d) any violation of these Terms and Conditions by you or an authorized users of your account.
  2. You are solely responsible for the interactions among the Merchants, consumers and other users of the Website and/or Apps. To the extent permitted under applicable laws, you hereby release us from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Product made available through the Website and/or Apps, any action or inaction by a Merchant or any consumer, including, without limitation, but not limited to any harm caused to any of you by action or inaction of a Merchant or any consumer, any failure by any of them to comply with applicable law and/or failure to abide by the terms of a Merchant Product or any other product or service made available or purchased or obtained by any of you, and any conduct, or speech whether online or offline, of any other third-party.

10. STANDARDS AND LIMITATIONS OF LIABILITY

  1. To the extent permitted by applicable law, you expressly agree that use of the Website and/or Apps is at your sole risk. Neither us, nor our subsidiaries or affiliates or any of our respective employees, agents, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that use of the site will be uninterrupted, secure, virus-free, or error free, nor do any of us or they make any warranty as to: (a) the results that may be obtained from use of the Website and/or Apps; or (b) the accuracy, completeness, or reliability of: (i) the content on the Website and/or Apps including, without limitation, the Vouchers, the Merchant Products, other products, or other available programs; (ii) descriptions of Merchant Products, products, or other available programs; or (iii) user content provided through the Website and/or Apps. The Website and/or Apps and all information contained therein are made accessible or available on an “as is” and “as available” basis. To the extent allowed by applicable law, we hereby disclaim any and all representations, warranties, and conditions, whether express, implied, or statutory, as to the operation of the Website and/or Apps or the contents therein including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing. The warranty limitations in this section are not intended to limit any warranty provided directly by a Merchant or by the applicable manufacturer.
  2. As permitted by all applicable law, in no event shall we, our subsidiaries or affiliates or any of our respective employees, officers, directors, agents, partners, third party content providers or licensors or any of their officers, directors, employees or agents, be liable for any direct or indirect loss or damages in connection with: (a) your use of the Website and/or Apps, the contents contained therein; (b) your inability to use the Website and/or Apps; (c) modification or removal of any contents on the Website and/or Apps; (d) any of the Merchant Products or any products, goods, services or experiences made available on the Website and/or Apps; (e) these Terms and Conditions; and/or (f) any improper use of any information you have provided us, including your personal information. In no event, our liability to you in connection with the Vouchers, the Merchant Products or the products, goods, services or experiences made available on the Website and/or Apps shall exceed the amount any consumer paid for the applicable Vouchers, Merchant Products or products, goods, services or experiences.
  3. We shall not be liable for any:
    • loss of revenue;
    • loss of actual or anticipated profits;
    • loss of contracts;
    • loss of the use of money;
    • loss of anticipated savings;
    • loss of business;
    • loss of opportunity;
    • loss of goodwill;
    • loss of reputation; or
    • loss of, damage to or corruption of data.

11. DATA PROTECTION

  1. Please see our Privacy Policy which forms part of these Terms and Conditions.

12. ELECTRONIC COMMUNICATION

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

13. LINKS TO AND FROM OTHER WEBSITE AND/OR APPS

  1. Where the Website and/or Apps contains links to third party sites and to resources provided by third parties (“Third Party Sites”), those Third Party Sites are merely linked to provide information only and are solely for your convenience. We have no control over and we assume no responsibility for the content of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Sites linked to the Website and/or Apps, you hereby agree to do so entirely at your own risk.
  2. The Website and/or Apps may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.

14. INTELLECTUAL PROPERTY RIGHTS

  1. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs) whether registered or unregistered) in the Website and/or Apps, information content on the Website and/or App or accessed as part of the service, any database operated by us and all the website and app design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall solely and exclusively belong to us (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
  2. None of the materials listed in Clause 14.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior written permission. You may, however, retrieve and display the content of the Website and/or Apps on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website and/or Apps and service without our prior permission in writing.
  3. All rights (including goodwill and, where relevant, trade marks) in the trade name of StayEVO are owned by us (or our licensors). Other product and company names mentioned on the Website and/or Apps and services are the trademarks or registered trademarks of their respective owners.
  4. Title, ownership rights and intellectual property rights in and to the content accessed using the service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
  5. The authors of the literary and artistic works in the pages in the Website and/or Apps have asserted their moral rights to be identified as the author of those works.
  6. Subject to Clause 14.7, any material you transmit or post or submit to the Website and/or Apps (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website and/or Apps or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
  7. All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the service or the Website and/or Apps; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied, in relation to such Ideas. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

15. GENERAL

  1. Interpretation: In this Agreement:
    • words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
    • the headings and titles for each clause are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
    • references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
  2. No partnership/Agency: Nothing in this Terms and Conditions shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
  3. No Other Terms: Except as expressly stated in this Terms and Conditions, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
  4. Assignment: You shall not assign or delegate or otherwise deal with all or any of your rights or obligations under this Terms and Conditions without our prior written consent. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Terms and Conditions to any person.
  5. Force Majeure: We shall not be liable for any non-compliance of our obligations under this Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
  6. Entire Agreement: This Terms and Conditions contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to the establishment of formation of contract contemplated herein except as expressly stated in this Terms and Conditions. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Terms and Conditions (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this Terms and Conditions) and that party’s only remedies shall be for breach of contract as provided in this Terms and Conditions. However, the service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website and/or Apps and services.
  7. No Waiver: No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your default or liability under this Terms and Conditions.
  8. Notices: Unless otherwise stated within this Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail, sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
  9. Third Party Rights: All provisions of this Terms and Conditions apply equally to and are for the benefit of StayEVO, its subsidiaries, any holding companies of StayEVO, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Terms and Conditions may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Terms and Conditions is otherwise enforceable pursuant to the relevant local governing laws by any person who is not a party to it.
  10. Survival: In any event, the provisions of Clauses 7, 9, 10 and 14 of this Terms and Conditions, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Terms and Conditions or your use of the Website and/or Apps and/or services. In the event you use the Website and/or Apps or service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website and/or Apps or service. In the event you use Voucher redeemed under this Terms and Conditions, then those provisions applicable to Voucher will survive termination of this Terms and Conditions or your use of the Website and/or Apps and/or services.
  11. Severability: If any provision of this Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
  12. Governing Law: This Terms and Conditions shall be governed by and construed in accordance with Malaysian laws and both parties agree to submit to the non-exclusive jurisdiction of the Malaysian courts.