Term

Terms and Conditions (“Terms”)

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Eatenhunt app (the “Service”) operated by Vogue Innovation PLT (“Company”, “us”, “we”, or “our”) that links you with our third party service providers (“Merchants”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.  By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

VOGUE INNOVATION PLT. DOES NOT PROVIDE SERVICES OF THE MERCHANT AND THE COMPANY IS NOT A MERCHANT SERVICES PROVIDER. IT IS UP TO THE MERCHANTS TO OFFER SERVICES TO YOU AND UP TO YOU TO ACCEPT SUCH SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH MERCHANTS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE MERCHANT SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF THE MERCHANT. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY MERCHANTS AND/OR ANY SERVICES PROVIDED TO YOU.

Usage

By using the Software or the Services, you agree that:

  1. You will only use the Service for lawful purposes;
  2. You will not use the Application and Service for sending or storing any unlawful material or for fraudulent purposes;
  3. You will not use the Application, Service and/or the Software to cause nuisance, annoyance, inconvenience or make fraudulent applications whatsoever;
  4. You will not use the Service, Application and/or Software for purposes other than obtaining the Service;
  5. You shall not contact the Merchant for purposes other than the Service;
  6. You will not try to harm the Service, Application and/or the Software in any way whatsoever;
  7. You will not copy, or distribute the Software or other content without written permission from the Company;
  1. You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  1. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service, from any unauthorized third party. We shall not be held responsible in the event your account password is disclosed to any other third parties intentionally or unintentionally;
  2. You will not impair the proper operation of the network;
  3. You will not copy, or distribute the Software or other content without written permission from the Company;
  4. You will provide us soonest possible with whatever proof of identity we may reasonably request from you calculated from the date such request is made;
  5. You will only use an access point or data account (AP) which you are authorized to use and any unauthorized use of access we shall not be held responsible;
  6. You are aware that when requesting services and if SMS is required for the Service, standard telco charges will apply;
  7. You agree that the Service is provided on a reasonable effort basis;
  8. You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time; and

Disclaimer

The materials and information in this Service, including but not limited to services, products, information, data, text, graphics, audio, video, links or other items, are provided by the us on an “as is” and “as available” basis. References to material and information contained in the Service include such material and information provided by third parties.

We do not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, currentness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services, reasonable measures will be taken by to ensure the accuracy and validity of all information relating to transactions and products originating from us or any third-party provider.

Furthermore we do not warrant or represent that access to the whole or part(s) of this Service, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.

You shall be responsible to evaluate the quality, adequacy, completeness, currentness and usefulness of all services, content, advice, opinions and other information obtained or accessible through the Service.  Further you should be responsible at all times and obtain independent verification of the materials and information provided herein prior to making any decision based on any such materials or information provided. We shall not be responsible in the event of any loss or damage suffered due to the information provided herein. At all material time, you shall use your best endeavors in doing your own research pursuant to the information provided herein without depending on the services only.

Transaction Fee

We charge a transaction fee  (“fee”) to the Merchant for every redeemed orders that is fulfilled. The fee is deducted from the net selling price of the order. The fee tier is 15% for the first ten pioneer merchants and 20% subsequently.

Payouts to Merchants

Weekly earnings of the merchants will be paid in the subsequent week to the designated bank account that is registered. For clarity, earnings from Monday to Sunday will be paid on the subsequent mid-week.  While we strive to make payments as fast as possible, delays caused by the banking system or processes is beyond our control.

Intellectual Property Ownership

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and/or any partnership between parties and do not convey to you any rights of ownership in or related to the Service, Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company name, the Company logo, the Service, the Software and/or the Application and the Third Party Services Providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Software and Application herein shall include its respective components, processes and design in its entirety.

Exclusion of Liability

Vogue Innovations PLT. shall be in no event be liable for any loss or damages howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this Service and website (or any third party link to or from the Service), reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise.

This exclusion clause shall take effect to the fullest extent permitted by law.

Indemnity

You hereby irrevocably agree to indemnify and keep indemnified the Vogue Innovations LLP from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by us in connection with or arising from your use or misuse of this Service provided, or breach of these terms and conditions howsoever occasioned, or any intellectual property right or proprietary right infringement claim made by a third party against the Vogue Innovations PLT. in connection with your use of this Service.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Vogue Innovations PLT.  Vogue Innovations PLT. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Vogue Innovations PLT. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.