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SAYS Malaysia Terms and Conditions

Account Holder Terms of Service

Our Terms of Use, Terms of Service and Privacy Statement describe the rules regarding your use of the websites and/or account registration on which a link to these Terms of Use, Terms of Service and Privacy Statement appear (collectively the Terms of Service). The Terms of Service are owned or controlled by SAYS Malaysia and its subsidiaries and affiliates. Throughout these Terms of Use, at any juncture the words 'we', 'our', or 'us' are used, we are referring to SAYS Malaysia. We may change the Terms of Service at any time. Your continued use of the Terms of Service means you agree with the most-current version of the Terms of Use, Terms of Service and Privacy Statement, all of which can be found on the SAYS Malaysia website (www.says.com) (the Site). As a registered user of the SAYS Malaysia service, we beseech you to regularly review the Terms of Service.

Key Elements of the SAYS Malaysia services are summarized below:

  • All surveys are anonymous. We will never reveal personal information about you without your consent.
  • By being a member, you are agreeing to allowing the information you share with SAYS Malaysia to be compiled anonymously into intelligence reports for businesses.

Please note that the above is a summary only and is not intended to be representative of the entire terms of the Terms of Service. It is your responsibility to ensure that you understand the Terms of Service before you agree to join the Service. If you have any questions please contact us with your enquiry at info@says.com.

In these Terms of Service the following terms are used:

  • This site together with any other websites owned and operated by SAYS Malaysia or any of its affiliates (Affiliates).
  • Persons who have registered for the Service, with the intention of utilizing the SAYS Malaysia service (Account Holders)
  • The process of providing the SAYS Malaysia service to enable Businesses to send you relevant Messages in exchange for rewarding your interactions (the Service)
  • Any third party entity using the SAYS Malaysia's service to send information to Account Holders (Businesses).
  • 1. YOUR LICENCE TO USE THE TERMS OF SERVICE.

    You are granted a limited, non-exclusive license to use the Terms of Service and the information, text, visual images, products, and services made available by SAYS Malaysia (Content) solely for your personal non-commercial use, and in accordance with these Terms of Service. SAYS Malaysia reserves all rights to the Service and the Content.

  • 2. REGISTRATION AND USE.

    • 2.1 Purpose

      The Service enables Businesses to select your profile and request your attention and feedback to advertising marketing and market research communications via the Service framework (Messages). Businesses will pay you for completing a Message and pay you for your attention and feedback (where appropriate) whilst maintaining your privacy and anonymity to those Businesses. The Service and its component elements are exclusively, permission based which requires all Account Holder to Opt-in. That means the choice of joining and continuing to take part in the Service and level of participation is entirely yours.

    • 2.2 SAYS Malaysia Account Information

      To join the Service you must validly provide information into your SAYS Malaysia Account. Provided you have complied with and agreed to the Terms of Service you will be issued with a user name and password.

      You must keep your user name and password confidential and must not reveal your password to anyone. You are entirely responsible for any and all activities that occur under your SAYS Malaysia Account. SAYS Malaysia will not be liable for any losses or damage incurred as a result of the unauthorized use of your user name or password.

      You agree to notify us immediately in the event of any unauthorized use of your SAYS Malaysia Account or any other breach of security. Notification should be made by email to info@says.com.

    • 2.3 Your Money

      SAYS Malaysia will hold all funds generated by the provision of the Service. SAYS Malaysia will on your behalf maintain a credit against your name for all funds paid by a Business to you. No money will vest in you as a SAYS Malaysia Account Holder until that money is paid to you or at your direction as permitted under these Terms of Service. Nothing in these Terms of Service creates an obligation on SAYS Malaysia as agent, trustee or any other fiduciary relationship for you as a SAYS Malaysia Account Holder.

      SAYS Malaysia will retain financial information relating to your Transaction Record. To the extent possible, SAYS Malaysia will store this information in a non identifying form. Particulars of the amount standing to your credit will be clearly displayed as 'My Money' - accessible after you log into your SAYS Malaysia account.

    • 2.4 Transferability

      Your SAYS Malaysia Account, password and user name is personal to you and is not transferable under any circumstances.

    • 2.5 Accurate Information

      You may only use the Service for lawful purposes. You are also responsible whenever your user id and password is used, and any and all related charges (for instance, charges related to ordering certain services), whether or not authorized by you.

      You must provide us with valid and truthful information. In particular you agree that the information provided on the SAYS Malaysia registration screens, together with any other personal contact details are valid and correct.

      You must inform us of any change in the information provided by you on the SAYS Malaysia registration screens (including but not limited to email address and other personal contact information) as soon as practicable. See Conditions of Use below.

      You further agree to use reasonable efforts to keep any other information provided up to date. As one of the conditions of your use, you warrant and represent that you are a genuine or bona fide Account Holder and that you are not using the Terms of Service for any other purpose. It is YOUR RESPONSIBILITY to ensure that your use of the Service complies with these Terms of Service and any notices received by you from SAYS Malaysia.

      Before using the Terms of Service, you warrant and affirm that you will NOT:

      • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
      • Delete any author contributions, legal notices or proprietary designations or labels that you upload to any communication feature;
      • Upload or transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
      • Delete or revise any material posted by another person or entity;
      • Use the Network to send unsolicited messages.
      • Use, post or transmit any material of any kind which SAYS Malaysia considers, does or is likely to damage the Businesses or the reputation of SAYS Malaysia; and
      • Provide any information that: (a) is false, inaccurate, misleading or incomplete; (b) violates any law, statute, ordinance or regulation; (c) is defamatory, trade-libelous, unlawfully threatening or unlawfully harassing; and (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
    • 2.6 Authentication of Information

      We reserve the right at our discretion to request verification of, or verify on your behalf, any information provided by you, including but not limited to the information provided on the SAYS Malaysia registration screen. Participation in the Service Unless we explicitly state otherwise, use of this Service is limited to:

      • Individuals ages 13 to 30.
    • 2.7 Conditions of Use

      The following are the principal conditions of your use of the Service. We reserve the right to terminate your use of the Service should you violate or fail to comply with any of the following conditions:

      • you may only apply for and maintain one SAYS Malaysia account;
      • the information you provide on the SAYS Malaysia registration screens must be your details and must be complete, valid, truthful and correct and you must keep this information up to date by accessing 'My Profile';
      • you must update the information contained in any questionnaire or survey sent by SAYS Malaysia on a regular basis in a manner prescribed by SAYS Malaysia;
      • you must validate your e-mail address by entering the validation code sent to your nominated e-mail address where prompted within a reasonable period of time after registering for the Service;
      • you may not join nor use this Service on behalf of another person;
      • you must not use anyone else's SAYS Malaysia Account; and
      • you agree to receive Messages either by Internet, cell phone or both (see Receiving communication below).
  • 3. OUR PATENTS, COPYRIGHTS AND TRADEMARKS.

    The Service belongs to or are licensed to us. The Service is protected by patent, trademark, and copyright laws. There are some important rules about using the Service. You may e-mail, download, or print copies of our communications, but only for your personal, non-commercial use. Except as otherwise provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content. When you e-mail, download, or print a copy of the communications or content, you must also include all copyright and other notices on the content, including the copyright notice on the bottom of the page.

    If you use the content and intellectual property of the SAYS Malaysia service in a way that is not clearly allowed by these Terms of Service, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Service. Title to the content and intellectual property remains with us or with the authors of the content and intellectual property contained in the Service. All rights not expressly granted are reserved.

TERMS OF SERVICE

  • 1. MESSAGES

    • 1.1 Receiving Communications

      It is a condition of your use of the Service that you agree to receive messages from Businesses via the Internet (using the Network) and you may also elect to receive messages via your cell phone (in the form of SMS or MMS messages) (Messages). Following registration, SAYS Malaysia will send a validation code to your e-mail address. You will then be required to insert these details in the Site where prompted to validate your Internet delivery channel.

      Should you at any time wish to discontinue receiving Messages then you can do so by cancelling your SAYS Malaysia Account and discontinuing your use of the Service (see Termination information below)

    • 1.2 Message Content

      All content contained in a Message (Message Content) is provided by Businesses and does not incorporate any recommendation or an endorsement by SAYS Malaysia or their directors or employees or any related party.

      Any offer contained in a Message (Message Offer) is made by the Business and not by SAYS Malaysia. Please refer to the section titled No Offer Of Information, Products Or Services.

      The Business sending the Message is solely responsible for the accuracy and suitability of the Message Content and any Message Offer. SAYS Malaysia makes no express or implied warranty about the nature of any Message Offer or the Message Content and will not be liable for any losses or damages you may suffer attributable to the Message Offer or Message Content.

      In the event you have any complaints or enquiries please contact SAYS Malaysia in the first instance at info@says.com and we will endeavor to resolve the issue on your behalf.

      Messages may contain Hyperlinks and in this respect you should refer to the section titled Hyperlinks and Frames below.

    • 1.3 Business Initiated Messages

      SAYS Malaysia requires any Business sending you a Message to make you an offer of reward incentives (Reward Offer). The amount of the incentive is pre-determined by us (unless we notify you otherwise).

    • 1.4 Internet Messages.

      These are Messages from the Business delivered by the Internet through the Network and contain a response element in the form of questions and answers.

    • 1.5 Cell Phone Message (Response).

      These are Messages from the Business, delivered by cell phone (via (text) SMS or MMS) and contain questions and a response element.

  • 2. OWNERSHIP AND DISCLOSURE OF INFORMATION

    • 2.1 Your Information and Ownership of Information

      The information you provide in the SAYS Malaysia registration screen or otherwise, forming part of a completed Message is, unless notified otherwise, belongs to you (Your Information). You can update, alter or delete Your Information at any time (subject to these terms).

      SAYS Malaysia will keep a record of Your Information, and subject to these Terms of Service, you may alter, update, or delete Your Information, at any time by accessing your SAYS Malaysia Account.

      For further information on our commitments for the use, disclosure, access to and security of Your Information please refer to our Privacy Statement. Your Information does not include the responses you provide to Businesses by answering questions in their Messages or your Transaction Record. Once you have submitted your responses to questions in a Message, you cannot alter them. These responses are provided to the Businesses in an aggregated, grouped and anonymous form.

  • 3. ACCUMULATING REWARDS THROUGH THE SERVICE

    • 3.1 Accumulating rewards from Business Initiated Messages

      Business Initiated Messages will contain a Reward Offer. You will first receive a Notification of the type of Message, the Business, the amount of the Reward Offer and the date on which the Message expires (Expiry Date). To be entitled to the Reward Offer you must:

      • respond in full by answering the questions and submitting your answers, prior to the Expiry Date.

      You are not obliged to view, respond or take any action in relation to a Message (although you should note the provisions detailed in Termination of Use regarding non-use).

      In respect of each Message, you are only entitled to receive the Reward Offer once. We may allow you to view a Message multiple times, however once you have become entitled to the Reward Offer, the Reward Offer will expire. The successful delivery of the Message relies on the network of Internet servers and the cell phone network carriers and while we will endeavor to ensure that you receive the Message as prescribed by these Terms of Service we are not liable to you in the event that Message is received following the Expiry Date (in which case you will not be entitled to the Reward Offer) or in the event you receive the Message more than once (for which you are only entitled to the Reward Offer once).

      Please note that we do not make or imply any representations regarding the amount of money you can earn by using the Service or by being an Account Holder.

    • 3.2 Liability for Reward Offer

      You acknowledge that a Reward Offer, is an offer made to you by Businesses and except in the case of a SAYS Malaysia Message, is not in any way an offer made by SAYS Malaysia.

      SAYS Malaysia will receive the funds for all Messages from Businesses and will always endeavor to ensure that Businesses comply with their obligations to deposit the appropriate funds into our Account. Credits earned by Account Holders through their participation in the Service will not be available for redemption until payment has been in received in full from the respective Business and SAYS Malaysia will not be liable to you for any loss you may suffer in the event that Business do not comply with this obligation.

      In the event that the Business defaults on its obligation to pay the Reward Offers to SAYS Malaysia, SAYS Malaysia may, without obligation take any action we deem appropriate to recover these funds.

    • 3.3 SAYS Malaysia Account Payment - Bank Account

      You may elect to redeem your credits by choosing one of the payment methods offered on the Site. These include making a withdrawal request into your bank account or redeeming credits in redirect partner programs (as detailed in the Redirect Partner section of these Terms of Service).

      Once you have MINIMUM CASHOUT AMOUNT* (or more) credited to your SAYS Malaysia Account you may have your entitlement paid into your personal bank account (Withdrawal Request) provided that the Withdrawal Request relates to a sum of at least MINIMUM CASHOUT AMOUNT* with a maximum of MAXIMUM CASHOUT AMOUNT*. The process of making a Withdrawal Request is detailed at the SAYS Malaysia accounts page. SAYS Malaysia will not be obliged to pay you any money until you have accumulated at least MINIMUM CASHOUT AMOUNT*.

      Once SAYS Malaysia receives your Withdrawal Request, payment will be made in accordance with your direction (Instructions) within 1 month. All bank or transfer charges shall be borne by you.

      From time to time, you may be able to pay for certain services SAYS Malaysia provides on the Site (such as sending text messages), or to make payments to third parties (e.g. charities) without the requirement to have accumulated MINIMUM CASHOUT AMOUNT* into your SAYS Malaysia Account. You will be notified of any minimum requirement to process these payments and any further applicable conditions on the Site.

      If your SAYS Malaysia Account is cancelled or terminated for any reason, any entitlements will be dealt with in accordance with the Termination Conditions Sections of these Terms of Service.

      *MINIMUM CASHOUT AMOUNT per country is as follows:

      • Malaysia: MYR 50.00
      • Indonesia: IDR 300,000
      • Vietnam: VND 500.000
      • Philippines: PHP 1,500

      *MAXIMUM CASHOUT AMOUNT per country is as follows:

      • Malaysia: MYR 500.00
      • Indonesia: IDR 3,000,000
      • Vietnam: VND 5.000.000
      • Philippines: PHP 15,000

    • 3.4 Responsibility and Liability for Payment and Taxation

      You are entirely responsible for ensuring the accuracy of the information provided when making a payment request. SAYS Malaysia will not be liable to you for any loss, cost or damage in respect of any payment made in accordance with your instructions for payment. You agree and accept that SAYS Malaysia may make an administration charge in the event that you provide incorrect details and you expressly authorize SAYS Malaysia to deduct these charges from your SAYS Malaysia Account.

      SAYS Malaysia will not be liable to you for any errors made by any third parties in relation to your SAYS Malaysia Account or any payment request.

      No interest will be paid on any funds accruing in your SAYS Malaysia Account, and your account has no monetary value until the point in time when the money, the subject of a withdrawal request, is validly redeemed.

      SAYS Malaysia will maintain SAYS Malaysia Account Holders' credit card information, bank account details and service account details as provided for in our Privacy Statement.

      You are entirely responsible for assessing the taxation implications and any liability applicable on funds received from your use of the Service.

    • 3.5 Transactions Record

      SAYS Malaysia will maintain a record of money earned by you. SAYS Malaysia will record funds to which you may be entitled and other SAYS Malaysia Account information (Transaction Record). A Transaction Record will be accessible by you (using your SAYS Malaysia Account details), and will only be used by SAYS Malaysia for the purpose of providing the Service and managing the funds. You must ensure the privacy and confidentiality of your Transaction Record.

  • 4. NO WARRANTIES

    All content on the Service is provided to you on an as is, as available basis. We hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty as to the accuracy, completeness, currency, or reliability of any content or data available through the Service. We make no representations or warranties that use of the Service will be uninterrupted or error-free. You are responsible for taking all precautions necessary to ensure that any content you may obtain from the Service is free of viruses and any other potentially destructive computer code.

  • 5. LIMITATION OF LIABILITY.

    YOU AGREE THAT NEITHER says.com NOR ANY PERSON OR COMPANY ASSOCIATED WITH SAYS MALAYSIA, WILL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR OF ANY CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS SAYS MALAYSIA, INCLUDING ALL PARENTS, SUBSIDIARIES, AND AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

    THE TOTAL LIABILITY OF SAYS MALAYSIA, INCLUDING ALL PARENTS, SUBSIDIARIES, AND AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES WILL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT WILL SAYS MALAYSIA, INCLUDING ALL PARENTS, SUBSIDIARIES, AND AFFILIATE COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR MATERIALS ARE EXCLUDED EVEN IF SAYS MALAYSIA. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • 7. INDEMNIFICATION

    You agree to indemnify and hold SAYS Malaysia, its parents, subsidiaries and affiliated organizations, and their directors, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service, your SAYS Malaysia Account, the Site, the Network or your violation of these Terms of Service

  • 8. OTHER RULES ABOUT THE SERVICE.

    You may be subject to additional terms that may apply when you access particular services or content on certain areas in the Service, such as when you purchase certain services, or by following a link from this Service. The ways that we keep and use information that we gather through the Service are described in the Privacy Statement.

    If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which will remain in full force and effect. No waiver of any of these Terms of Service will be deemed a further or continuing waiver of such term or condition or any other term or condition. If you violate these Terms of Service, in a way that causes harm to others, you agree to indemnify and hold SAYS Malaysia harmless against any liability for that harm.

    These Terms of Service are governed by the internal substantive laws of Malaysia, without respect to its conflict of laws principles. Any controversy or claim arising out of or relating to these Terms of Service, the Terms of Use or the Privacy Statement, or your use of the Service, will be settled by binding arbitration in accordance with the commercial arbitration rules of Malaysia. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Malaysia. Use of the Service is unauthorized in any jurisdiction of Malaysia that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Given the nature of these terms, you understand and agree that, in addition to money damages, SAYS Malaysia will be entitled to equitable relief, including any interim or preliminary relief, upon a breach of them by you. You hereby consent to the jurisdiction of Malaysia courts for that purpose.

  • 9. DISPUTE RESOLUTION.

    All questions or disputes relating to the Service including the Terms of Service should be submitted to SAYS Malaysia.

    We will endeavor to resolve any disputes expeditiously. All interpretations of the Terms of Service will be conducted at our sole discretion. In the event that we make an error such error will not constitute a breach of the Terms of Service.

  • 10. CANCELING YOUR REGISTRATION.

    You may cancel your registration at any time. To cancel your registration, contact us in the ways described in the notice section at the bottom of these Terms of Service. We may modify or discontinue the Service, or cancel your registration, at any time without notice to you. You agree that we will not be liable to you or any third party as a result of such modification, discontinuation, or cancellation. Your obligations under these Terms of Service will survive cancellation.

  • 11. QUESTIONS, COMMENTS, AND NOTICES.

    If you have any questions, comments, or notices for us, please contact us at: info@says.com. We may deliver notice to you by electronic mail, a general notice on the Terms of Service, or by written communication delivered by First-Class Mail to your address on record.

  • 12. THANK YOU

    We are very grateful to you for taking the time to familiarize yourself with these Terms and for being part of this World first service. We at SAYS Malaysia will always honor your contribution.

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