Terms & Conditions
ACCEPTANCE OF TERMS
MilkADeal operates an interactive online service on the Internet located at http://www.MilkADeal.com and other online areas owned and operated by us such as Facebook and mobile phone applications (the “Site”), offering vouchers for sale which may be exchanged for goods/services at Merchants and other third parties.
Conditional Use of Our Site and Services
Your permission to use MilkADeal is conditioned upon your agreement that you:
- will comply with these Terms of Service;
- are 13 years of age or older, but are 18 years of age or older to purchase any Deal; will not copy or distribute any part of MilkADeal in any medium without MilkADeal's prior written authorization;
- will provide accurate information when creating an account or registering for our Services; are solely responsible for your User ID and the activity that occurs while signed in to or while using MilkADeal using your User ID;
- will not use MilkADeal to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
- will not use the communication systems provided by or contacts made on MilkADeal for any commercial solicitation purposes;
- are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
- represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize MilkADeal to use any and all Content submitted by you to MilkADeal in accordance with the licenses granted in this Agreement;
- hereby grant each MilkADeal user, whether using MilkADeal or an application authorized by MilkADeal but developed via a third-party developer, a non-exclusive license to access the Content you submit through MilkADeal and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through MilkADeal's functionality and under these Terms of Service;
- will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to MilkADeal; and
- hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Non-Confidentiality And Security
Any communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. In addition, you agree that such information may be used by us without any limitation whatsoever. Other information such as your credit card details in relation to the purchase of a Deal/Voucher will be dealt with appropriate security and privacy protections.
Rules Regarding Information and Other Content
You would be able to publish various information and materials on the Site, all of which constitutes our “Content”. You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content is not false, defamatory, discriminatory, libellous or unlawfu l
Without limiting any of those representations or warranties, MilkADeal has the right (though not the obligation) to, in MilkADeal’s sole discretion (i) refuse or remove any content that, in MilkADeal’s reasonable opinion, violates any MilkADeal policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MilkADeal’s sole discretion. MilkADeal will have no obligation to provide a refund of any amounts previously paid.
General Rules Of User Conduct
We welcome and encourage user interaction on our Site. However, we insist that you agree not to do any of the following:
- impersonate another user;
- violate in any way the rights of others;
- upload or distribute anything that may be harmful to minors;
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the Site or Services to generate unsolicited email advertisements or spam;attempt to reverse engineer or jeopardise the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables the Site;
- attempt to gain access to secured portions of the Site or Services to which you do not possess access rights; oruse any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services.
MilkADeal provides consumers with the opportunity to purchase products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Deal"). Merchants are willing to offer attractive Deals in order to reach the MilkADeal network.
- How It Works
By placing an order for a given Deal, you make an offer to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you’ve placed your order, you will receive a confirmation of the Deal and your credit card will be charged for the amount of the Deal. We will notify you by email when the Voucher (defined below) for the Deal is ready to be used. You are required to create an account in order to purchase any Deal. An account is required so we can collect information to allow you to pay for your Deals and provide you with easy access to print your Deals, view your past purchases, and modify your preferences.
- The Voucher
Each Deal combines two separate portions that make up the Deal: (i) a paid portion equal to the amount your credit card is charged and similar to a paid gift certificate (the "paid portion"); and (ii) at no additional charge to you, a promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "promotional portion") (together, the paid and promotional portions of the Deal are presented in a "Voucher"). In the event you redeem your Voucher for less than the full amount stated on the Voucher, your purchase will be allocated first against the paid portion until it has a balance of zero dollars (RM0.00) and then against the promotional portion that is remaining.
- Expiration Dates
The expiration date for a Voucher is as printed on the Voucher.
If the expiration of the paid value of the Voucher as of the date printed on the Voucher is prohibited under the law of the jurisdiction in which the Merchant is located, then the Voucher shall expire as follows: the promotional portion of the Voucher will expire on the date printed on the Voucher, and the paid portion of the Voucher will expire five (5) years from the date the Voucher is issued, except to the extent applicable law requires that the Merchant extend the period in which the Voucher may be redeemed. The Merchant is obligated to honor the Voucher in compliance with law. If the Merchant refuses to honor the Voucher before the legally permitted expiration date, then MilkADeal will refund the paid portion of your Voucher in the form of a credit for future Deals (what we currently call “Milk Cash”). In order to receive the credit, you must provide the following information in writing to help@MilkADeal.com: (a) identification of the Voucher and Merchant with whom you sought to redeem the Voucher, (b) statement of the date, time, and circumstances in which the Merchant refused to redeem the Voucher, and (c) a statement, under penalty of perjury, that the Voucher has never been redeemed with the Merchant.
- MAD Points
MAD Points are a form of MilkADeal currency that may be applied as a credit towards future MilkADeal purchases. There are two types of MAD Points - paid MAD Points, which you may purchase in certain incremental values for a friend, and earned MAD Points, which are awarded to you from time to time as loyalty rewards or as customer service deems appropriate. MAD Points expire six (6) months after the date of issuance or purchase, except where otherwise stated and communicated clearly and where expiration is prohibited by law. MAD Points that were purchased will be applied toward future MilkADeal purchases before earned MAD Points, even if the earned MAD Points expire first. Additionally, all MAD Points, whether purchased or earned, may only be applied towards purchases that are in the same currency as the earned or gifted MAD Points. MAD Points are not returnable or refundable for cash, except where required by law. Resale of MAD Points is strictly prohibited.
- Deal Specific Terms
Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
- Playing Nicely
Some of the Deals are provided for a limited number of purchasers or a limited number of purchases, as specified for the particular Deal. Any attempt by a purchaser to obtain more than the permitted number of Vouchers specified for a particular Deal by using multiple or different identities, credit cards, forms, registrations, addresses or any other method will void that person's purchases. MilkADeal will be the arbiter, in its discretion, as to whether purchase characteristics indicate a violation of these rules.
- Universal Terms & Conditions
Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers
- All vouchers are not exchangeable or refundable for cash and / or other goods and services
- No cash value for any Voucher
- Customer must use voucher in one visit. No cash back will be issued for partial redemption of the paid portion of a Voucher, except as required by law
- No cash back or credit will be issued for partial redemption of the promotional portion of a Voucher
- One voucher is valid for one redemption only unless stated otherwise
- One voucher is generally valid for one person only unless stated otherwise
- Printed vouchers are to be presented when making redemption for verification purposes, unless otherwise stated
- Vouchers cannot be combined with any other offer/promotion unless stated otherwise
- Vouchers are transferable unless stated otherwise
- No replacement or extension will be given for any expired voucher
- Neither Milkadeal nor the merchant is responsible for lost or stolen vouchers or voucher unique code ID
- No cash back or credit will be issued for partial redemption of the promotional portion of a voucher
- Duplicate use, sale or trade of a voucher is prohibited
- Unless stated otherwise at the time a voucher is purchased, voucher price is nett, inclusive of service charges, value added or taxes
- Terms and Conditions are subject to change without prior notice
- Pictures are for illustration purposes only
- Merchant Responsibility
To be clear, MilkADeal markets the Deals and acts an as agent in selling the Vouchers on behalf of the Merchants. But the Merchant is the issuer of the Voucher. As issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. By purchasing a Deal, a customer acquires the right to print a Voucher issued by the participating Merchant and to use the Voucher according to its terms and the terms of this Agreement. Whether you choose to print and/or redeem the Voucher is within your sole control and at your sole discretion.
- Referral Program
- HOW DOES IT WORK?
The "Refer Friends & Get RM10!" promotion is a great way for you and your friends to save money. As a MilkADeal member, you already get great savings when you buy a deal. Now we make it easier and more fun to save. Just send an invitation to your deal-loving cronies using our personalized invitation tool. When a friend signs up with MilkADeal using your unique link in the invitation and make their first purchase, we'll immediately deposit RM10 into your account, which you can use toward your deal purchase.
- WHY SHOULD I REFER FRIENDS?
The chance of a deal having enough participants increases with every new user that joins MilkADeal. Therefore you should invite as many of your friends as possible, so that you have the greatest chance of getting your favourite deal! If you already have an account with us every time someone you have recommended buys their first deal, we will reward you with RM10!
- HOW CAN I REFER FRIENDS TO MILKADEAL?
On the sidebar after you login to your account, you will see your unique referral link. You can post this link anywhere on the Internet to get people to join up or use one of the social share buttons here to share this link on Facebook and Twitter. We reserve the right to refuse or withdraw all your credit when the recommendation function is being abused. Afterwards, if the abuse continue, we reserve the right to disable your account completely.
- WHEN DOES THE MILKADEAL REFER FRIENDS PROMOTION BEGIN AND END?
The "Refer Friends & Get RM10" promotion began on January 22, 2011. We see the promotion as ongoing, but we reserve the right to terminate it at any time. When the promotion ends, the links in any invitation you sent will no longer work.
- HOW CAN I SPEND MY CREDIT?
You can use your credit on any deal with us, and you redeem it on the payment page. If your credit is worth more than the cost of the deal because you have been recommending lots of friends, then whatever is left over can be redeemed on your next deal, unless it has expired.
- IS THERE ANY FINE PRINT?
The referral credit is only given for your friend's successful first time purchase above RM10. We will give you the RM10 credit, only if your friend signs up to MilkADeal directly via your unique link in your invitation. (Otherwise, we have no way of tracking it.) In addition, we can only pay you RM10 credits on your friend's first purchase with MilkADeal. If they previously purchased a deal from MilkADeal, you won't get any MilkADeal credits.
- HOW DOES IT WORK?
- Promotions Of The Deal Program
From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to purchase Deals or to encourage you to get others to do so. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.
- Products Available For Sale
The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. MilkADeal reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher for any product or service to a person residing in any jurisdiction or geographical area. MilkADeal does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.
We will provide a refund if you are unable to redeem a Voucher before the applicable expiration of the Voucher because the relevant Merchant has gone out of business.
Disclaimers of Warranty
The Website is provided “as is”, “as available” and “with all faults”. MilkADeal and its Merchants and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MilkADeal nor its Merchants and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF MILKADEAL. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless MilkADeal, its parent company, officers, directors, employees and agents from and against any and all claims, losses, obligations, liabilities, costs or debt, and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
Reservation of Rights and Release
MilkADeal reserves the right, but has no obligation, to monitor, or take any action MilkADeal deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. Merchants.
The MilkADeal site and all its contents are copyrighted materials, protected by Malaysian and international copyright laws. The compilation of content on our web site is the exclusive property of MilkADeal and may not be used for any other purpose other than as set forth on the site. The services and information provided herein are solely for your own private use. You are only permitted to use the MilkADeal site as expressly authorised. Nothing contained herein transfers any express or implied right, title or interest in this web site to you. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us, you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
As MilkADeal asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MilkADeal.com violates your copyright, you are encouraged to notify MilkADeal immediately. MilkADeal will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MilkADeal or others, MilkADeal may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, MilkADeal will have no obligation to provide a refund of any amounts previously paid to MilkADeal.
When you visit our Site, purchase products or services through the Site, or instigate contact with our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would be in writing.
Entire Agreement, Changes to this Agreement and Waivers
Governing Law and Dispute Resolution
The Site is controlled by MilkADeal from Kuala Lumpur, Malaysia. This Agreement, your use of the Site, and all related matters are governed solely by Malaysian laws, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (the “KLRCA”), in accordance with the procedures of the KLRCA Rules of Arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Kuala Lumpur, Malaysia. Notwithstanding the foregoing, you or MilkADeal may seek injunctive relief from an appropriate court located in Kuala Lumpur, Malaysia prior to or during the arbitration. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
You and any persons you represent (on the one hand) and MilkADeal and Affiliates and Providers (on the other hand) are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s'y rattachant directement ou indirectment soient rédigés en anglais.
Last updated: 08 October 2012