Terms & Conditions of Halo Go
The usage of specific Product offered on the Platform shall be governed by the Terms & Conditions of such Product and services.
General Use and Definition
Kindly read these terms & conditions carefully before using/accessing Halo Go. By using/accessing Halo Go, you hereby signify your agreement to be bound by these terms & conditions. If you disagree, kindly discontinue to use/access Halo Go.
Further, the below words and expressions shall have the following respective meanings:
“You” means yourself as a person living in Malaysia, an entity majorly owned by you and your beneficiary(ies).
“Payment” means expense will be taken from you once you place an order.
“Governing law” means the terms & conditions stipulated in the Platform shall be governed and construed in accordance with the laws of Malaysia to the extent that if any matters arising or incidental to these terms & conditions should be subject to the laws of Malaysia
“Register” means creating an account on the Platform.
“Service” or “Services” means all and any of the services provided by Halo Go via the Platform, including but not limited to the information services, content and transaction capabilities on the Platform and the availability to make a Purchase.
“Product” means any product or service offered or provided by Halo Go within any of its website, either at the present or hereafter
“Taxes” means all taxes (including financial charges, goods and services taxes, sale and service taxes imposed by the Government), dues, duties, levies, and other related charges (any related interest and penalties) required/imposed under any law of any jurisdiction in Malaysia with respect to the prices of the Product payable to Halo Go
Any words and expressions used herein other than not otherwise defined in Clause 1 shall be interpreted in accordance with the standard practices of operation.
Any words importing the singular include the plural and vice versa where the context requires.
Your usage of the Platform, any of the Services, any Purchase made and/or any other transactions that may be performed or conducted through the Platform are each subject to these T&C.
To use the Platform, the Services and/or to make any purchase, you must be twelve (12) years of age or over.
Prohibitions and Prevention
You shall not misuse the Platform. You shall not commit or of usage encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Platform, the Services (or any part of them) and/or from making any Purchase.
Your agreement to use the Services, the Platform and/or the making of any Purchase does not include the provision of a compatible smartphone or any other necessary equipment by us to you in achieving any of the said purposes. To use the Platform, the Services and/or to make a Purchase, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.
Registration & Membership Account
All Halo Go users can register for a new membership account and access to Halo Go account through Halo Go website and mobile application. You agree to provide, maintain and update true, accurate, and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.
It is the sole responsibility of the member to keep his login credentials confidential. Halo Go will not be held responsible for any loss incurred due to member’s negligence and/or occurrence of unethical hacking and likewise.
There are options to upgrade membership packages within Halo Go. Each membership package comes with a set of products and merchandises, which may vary from time-to-time due to availability and new products offering.
Your account must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. We may require you to validate your account during the registration of the account. Upon successful registration, Halo Go users would have given Halo Go his consent to receive marketing offers and notification from time to time.
You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of your password and your account. You are entirely responsible for all the actions or activities made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us email at: email@example.com. You agree to indemnify and hold harmless Halo Go for losses incurred by Halo Go or another party due to someone else using your account as a result of your failure to use reasonable to safeguard your password.
When you create an Account, you represent and warrant that:
- If you are representing a company, organization or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms, and that the Entity is duly incorporated;
- You are capable of entering into and performing legally binding contracts under the applicable law;
- You are and will be legally, financially and morally responsible for all activities that occur under your Account; and
- All information which you provide is accurate, up to date, truthful and complete and that you will promptly inform us of any changes to such information by updating your Account profile.
If you are below the age of majority, you may only use the Services with the consent of and under the supervision of your parent or guardian who shall be responsible for all your activities
Halo Go member must ensure that the member account is maintained to be active:
- by keeping the related SIM Card active at all times,
- by ensuring the related SIM Card on the valid Tariff Plan marketed in the website and is sourced from the website,
- by ensuring the related SIM Card does not expire
Due to security reasoning, in the event of the related SIM Card is inactive, invalid and/or expired, the Halo Go member account will be closed together with all functions including referral, registration, incentive, vouchers, coupons, stocks, and credit. You agree that Halo Go may consider allowing member account reactivation on a good will basis and does not guarantee a closed account can be recovered due to technical and security concern and you fully indemnify Halo Go and its stakeholders from any losses arise therein. In such event, member shall write in to Halo Go at firstname.lastname@example.org within 7 days from expiration with a valid reasoning to request for member account reactivation subjected to availability and a processing fee may be applied accordingly.
We reserve the right to terminate your account without notice if you been seen to be attempting to register multiple accounts towards your self interest without a valid reasoning, or using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts or disrupts the Platform or the Services in any way.
Fees and Charges, Payment Terms, Interest and Taxes
Please note in particular that: – No orders shall be accepted if received from outside Malaysia and payments is only made in Malaysian Ringgit.
You shall pay Halo Go and/or its Authorised Partner all Fees and Charges and any other sum due or payable under and at the times to Halo Go with respect to any Products.
Unless otherwise stated, all prices are accurate at the time of entering the information onto the system. The total cost of your order is the price of the Product and/or service ordered inclusive delivery charges.
Unless otherwise stated, all payments made are strictly not refundable nor exchangeable in any kind, regardless whether the product & services being paid have been successfully delivered.
You confirm that the bank account, credit or debit card that is being used for payment is yours. In the event that you use a third party’s credit or debit card, kindly ensure the payment made by you to Halo Go is genuine. All credit/debit cardholders may subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, Halo Go will not be liable for any delay or non-delivery, and shall not be liable to reimburse, compensate or indemnify any party for fraudulent and deceitful act.
Halo Go shall exercise its discretionary right to reject any transactions if there is any suspicious or fraudulent attempt made by any party. Halo Go may decline to accept such orders for any reasons – such as a failure to meet credit check, unavailability of products or services, product or pricing errors.
Despite our best efforts, occasionally products in the Platform may be incorrectly priced. Halo Go has sole discretion to determine, amend or revise the Fees, Charges, Payment, Interest & Taxes from time to time and within a reasonable time, such amendment or revision shall take effect immediately with prior notice announced by Halo Go.
Sale & Delivery of Product
You agree that products and services made available and sold in Halo Go may have an expiry date. Halo Go endeavor to adhere to a minimum of six-months period to expiration at the time of sale. Should the product is not utilized and/or consumed upon expiration, whether or not the product is delivered to you, you fully indemnify Halo Go for the losses caused as a result and acknowledge that it is strictly a no exchange and no refund sale policy.
In the event that a product is having a manufacturer fault, the member must inform Halo Go within 14 days from receiving the product for a fault check and replacement. In the event that Halo Go conducts a recall and/or compensation exercise, Halo Go endeavor to publish a notice for the exercise and all returns must be completed within the stipulated time in the published notice.
All fees and charges for delivery postage via registered post, runner’s service or its equivalent is to be paid for by the purchaser.
Authorised Store are appointed to deliver products to members and users. Delivery of product can be in the form of registered post and self-collection. It is compulsory for Authorised Store to use only the appointed delivery service partner to send out product orders. All orders placed with Halo Go, whether fully delivered or not, will expire after 45 days upon placement of order. You must ensure that you have received and activated your Halo Go product and services before the expiry date.
Method of delivery must be chosen during order placement. For self-collection at Authorised Store, the product MUST be personally collected by you before the expiry date of the order. Third party collection is strictly NOT allowed. For registered postage delivery purposes, it is of utmost importance that you provide accurate personal information and a valid Malaysia address, excluding P.O. box. Halo Go and/or its Authorised Store will not entertain any change to the delivery address once the order is made. All delivery via postage will be using registered post.
Product not delivered after one (1) failed delivery attempt will be returned to the designated courier office. You must re-arrange for self-collection at the courier office notified after the one (1) failed delivery attempt. In the event that the Product is not delivered/collected from courier office, you are obligated to pay additional charges (if any) to do a replacement.
Halo Go and/or its Authorised Store will endeavour to adhere to the following in respect of the delivery of your purchased Product;
- Any Product successfully purchased via Halo Go will be prepared for delivery within 3 working days as stated below.
- In rare instances, delivery may be delayed in the event of service interruptions or failures beyond Halo Go’s control. In such circumstances, you agree that Halo Go will not be responsible and/or liable for any of your losses and/or damages, if any, as a result of such delay.
- Halo Go reserves the right to change or discontinue any delivery option at its sole and absolute discretion.
Estimated Delivery Time (unless stated otherwise):
Peninsular Malaysia Within 3 working days after posting day
Sabah, Sarawak and Labuan Within 5 working days after posting day
Delivery is on a best-effort basis and may be deferred, assigned or re-assigned at Halo Go’s discretion without prior notice. Delivery time and day is only estimation. There are certain circumstances where you order may be delayed:-
- Orders placed at the weekend or on a Public Holiday will require at least one extra working day for delivery.
- Any unexpected stock shortages. If this happens, we will inform you of any delay.
You agree that in the event the Product is not delivered to you, including situations where you cannot be located or if you are not contactable (by means as provided herein) or that the information disclosed by you is inaccurate, there shall be no refund for the Product once payment is successfully made. You agree that Halo Go shall not in any way be responsible or accountable in these circumstances.
Your agree that the product shall be at your risk from the time of delivery. Upon delivery of the Product to you and in the presence of Halo Go’s delivery agent, you are required to produce your NRIC, passport or any other identification document for verification of identity and inspect the Product to verify that the Product is complete with the necessary accessories, does not have any cosmetic defects and is capable of its basic functionality, failing which, you must reject the Product immediately. Once accepted, Halo Go shall not in any way be accountable or responsible for any defects. You are required to inspect the Product upon receipt and to notify Halo Go in writing and proof (pictures of said Product) of any defects or complaints within 3 days. Failure to do so within the stipulated time, no further claims can be made or will be entertained by Halo Go.
Halo Go shall have the discretion and right to make the relevant checks or calls to any party at any time for verification purposes. In the event Halo Go is unable to perform the verification (without fault on Halo Go’s side) or the verification is unsuccessful in establishing the relevant party’s identity, Halo Go reserves the right to cancel or withhold the delivery of the Product.
We may ask for additional Personal Data, if necessary, for the purposes of verification of your identity or fraud prevention purposes.
Compliance & Fines
You agree and acknowledge that you act as an authorised dealer of Halo Go in the selling and marketing of Tune Talk Service. You take full responsibility as a dealer and agree to comply strictly to the prepaid registration guideline which is ruled out by the Malaysian Communications and Multimedia Commission (“MCMC or “SKMM”) from time-to-time. You agree that the Platform have provided sufficient information and strongly urged you to comply to the said guidelines and you are well informed as you access and use the services provided in the Platform. In the event that MCMC conducts audit on your Prepaid SIM registrations, and you are proven to have done a registration against the MCMC guideline, you agree to fully indemnify Halo Go and Tune Talk for your actions and you bear full responsibility for all fines and/or legal actions taken by MCMC towards Halo Go and Tune Talk as a result of your misconduct as a prepaid SIM dealer.
Marketing, Advertising and Referral Selling
You agree and acknowledge that you are a sales person of the Halo Go brand and its service provider. You agree to never associate or link Halo Go and its stakeholders in any selling, marketing and/or advertising efforts of any form which has any racial, religious, political, criminal, libelous or slanderous message or remark. In the event that any Halo Go members is involved in such selling, marketing and/or advertising activities, Halo Go reserves the final right to permanently restrict or terminate member account without any notice and exercise legal actions.
Halo Go provides a referral link sharing service to ease referral of products and services offered. Members shall not induce a customer to purchase goods or services based upon the representation that a customer can reduce or recover the purchase price by referring prospective customers to the sellers for similar purchases, if such reduction or recoveries are contingent upon some unsure future date. Halo Go member shall not promise or grant customers unreasonably high financial advantages for the recommendation of another customer. All products and services sold to customers must adhere to the prevailing recommended retail price (hereinafter referred to as “RRP”) stated on Halo Go website, www.HaloGo.my, unless given permission in writing by Halo Go. In the event that any Halo Go members is selling Halo Go products at a price differ from the prevailing RRP, Halo Go reserves the final right to permanently restrict or terminate member account without any notice and exercise legal actions.
Halo Go member shall utilise only the highest level of ethics in referring Halo Go members. Information provided by the Halo Go member to prospective Halo Go member concerning the opportunity and related rights are to be true and complete. Halo Go member shall not make any statement to any prospective recruit which cannot be verified or make any promise, which cannot be fulfilled.
No Halo Go member shall represent that benefits can be gained solely by introducing others and must promote the business as an opportunity for every participant to retail bona fide products to consumers at a realistic profit. Compensation must be tied to ultimate sales. Reasonable cash rewards and other incentives for bringing in new recruits are acceptable. Recruiting can be rewarded by offering incentives based on another recruit’s sales.
Credit, Incentives and Rewards
Halo Go will pay incentive to all Halo Go members based on the usage of Halo Go prepaid credit for data plan subscription. Subscription incentive is calculated on a monthly basis and will be granted to member’s account as a credit within the stipulated time. The credit can be withdrawn to a local bank as cash and/or be used as a form of payment method within Halo Go for purchases of product or service. The credit used for purchases strictly cannot be refunded or be exchanged with cash or its equivalent.
You agree that you have an active and valid bank account with a Malaysia local bank for the purpose of credit withdrawal and to update accurate banking information for the withdrawal purpose. You further agree to grant absolute permission to Halo Go to conduct bank information verification on the bank account information provided. Halo Go reserves the final right to reject a withdrawal without notice should the bank account identity verification is failed. You agree that the banking information provided for the purpose of credit withdrawal belongs to you. In the event that the bank account information provided is inaccurate, is not a valid account, is not an active account, is belong to an entity or belong to a third-party, verification will be conducted within 30 days and you agree to fully indemnify Halo Go from any losses that may occur to you as a result. Halo Go reserves the right to request verification documents from you to proceed with a withdrawal request and you agree to provide the information requested within 5 working days, failing which will affect your withdrawal request to be cancelled.
You agree that you have acknowledged all credit within the member’s account will expire in 365 days from the date of grant, of which if the credits are not used nor withdrawn as cash upon its expiry date will be forfeited and you fully indemnify Halo Go from any losses caused.
Halo Go members are entitled to participate in contests and rewards program run by Halo Go from time-to-time. Should the reward is granted in the form of credit, the reward amount will be granted to the member’s account. Halo Go member must ensure that Halo Go member account is active during the time of granting of credit to avoid failure of granting credit. Should the reward is in physical form, the rewarded member can arrange for self-collection at Halo Go or its Authorised Store. For delivery of rewards, delivery charges may be applied to the member.
Halo Go does not withhold income taxes payable to the Governing Bodies and is not liable to any compensation or obligation with a member’s income taxes. Members of Halo Go bears the sole responsibility in declaring and paying his obligation in income taxes including all credit earnings, prizes and benefits-in-kind received from Halo Go.
Notice on Non-Competition and Non-Solicitation
Concept Store, Truck Store and/or Executive (collectively referred to as Authorised Partner) appointed by Halo Go have respectively entered into agreements with or otherwise shall be deemed to have so entered with Halo Go and thereby granted the rights to market and sell Halo Go Products & Services inter alia on the following material Terms & Conditions:-
- that, during the term of the Agreement and for a period of twelve (12) months after termination or determination thereof, you shall not by yourself or in collaboration with any individual and/or entity:-
- act as agent, distributor, branch, dealer and/or officer of any other company which is engaged in a business that is similar or in competition with the business of Halo Go
- act as agent, distributor, branch, dealer and/or officer of Tune Talk and/or Tune Talk Partners;
- offer, market, promote, distribute and/or sell any product and/or services which are the same or similar in nature with Halo Go’s Products & Services in any manner whatsoever; and/or
- transfer, assign, charge, part in any manner or purport to assign, transfer, charge, part with the rights, benefits, obligations and/or liabilities herein contained without Halo Go’s prior written consent.
- You agree that, during the term of the Agreement and for a period of twelve (12) months after termination or determination thereof, you shall not by yourself or in collaboration with any individual and/or entity:
- directly or indirectly solicit or attempt to solicit any business whatsoever from any of the Halo Go, Concept Store, Truck Store and/or Executive without the prior written consent of Halo Go.
- that, during the term of the Agreement and for a period of twelve (12) months after termination or determination thereof, you shall not:-
- directly or indirectly, on your own behalf or on behalf of or in conjunction with any person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit or induce, any Concept Store, Truck Store and/or Executive and/or any staff or employee of Halo Go, to terminate their business/employment relationship with Halo Go.
TAKE FURTHER NOTICE that should you be in breach of any of the material terms on Non-Competition and Non-Solicitation aforementioned, Halo Go reserves its rights to forthwith terminate the Agreement you have entered with it, without prior notice to you.
For avoidance of any doubt, the material terms aforementioned shall be deemed to have been incorporated into the Agreement you have entered into Halo Go by way of modification pursuant to this notice.
Halo Go further reserves its rights to alter or otherwise vary the Terms & Conditions of the agreement at any time and shall provide you notice thereof by electronic mail or by publishing the change of terms on our website https://www.HaloGo.my or by other reasonable means. It is your responsibility to regularly check the website to determine if there have been changes to the Terms & Conditions and to review such changes. Should you be dissatisfied with any terms or conditions, you may terminate the agreement by providing Thirty (30) day written notice under the agreement failing which you shall be deemed to have consented to the Terms & Conditions of the agreement as modified and/or varied from time to time.
Your continued use, marketing and sale of the Halo Go Products and Services or involvement thereof after notice of any change to the Terms & Conditions shall also be deemed to be your agreement to the amended Terms & Conditions of the agreement.
Acts of Defamation and Violation of Terms
Inheritance and beneficiary
You agree that your Halo Go account is strictly non-transferrable. You agree that your Halo Go account can be inherited only to the closest family members and it is the sole responsibility of the member to provide beneficiary information and to ensure all information of beneficiary is correct and accurate at all times. You agree that in the event that a will is executed, the terms stated in the will overrides the beneficiary information provided in your Halo Go account.
It is the sole responsibility of the beneficiary of the inherited member account to report any incentive earned through the Halo Go member account to the Governing bodies.
Halo Go Member Code of Conduct
The Code is intended to govern the conduct of all Halo Go members. The principles set out do not interpret, qualify or supplant the law of the land, and are not intended to be applied to non-consumer sales. These principles do not replace the rights or remedies a consumer may derive by virtue of any agreement, the common law or any legislation. It is nevertheless conceivable that conduct which is the subject of a contract and which may not be in conflict with statutory or common law, may still amount to an unacceptable business practice in terms of the Consumer Affairs.
It should not be overlooked that consumers also have a role to play. They must fully appraise themselves of their rights and obligations as they are set out in any relevant contract that they may conclude with a Halo Go member.
- Party selling: Selling through explanation and demonstration of products to a group of prospective customers by a Halo Go member, usually in the home of a hostess who invites others for this purpose.
- Product: Product includes goods and services, both tangible and intangible.
- Recruiting: Any activity conducted for the purpose of inducing another person to become a direct seller or business owner.
- Selling: Selling includes contacting potential customers, presenting and demonstrating products, taking of orders and delivery of goods and the collection of payment
- Code of Conduct towards Consumers
Halo Go Member shall immediately and truthfully identify themselves to their prospective customers. They shall also identify the member organisation that they represent as well as the nature of their products and purpose for the approach.
Explanation and demonstration of the product offered shall be accurate and complete, in particular with regard to price and, if applicable, credit price (any interest rate charged on an annual compounded basis should be clearly stated in the original agreement), terms of payment, cooling-off period or return rights, terms of guarantee and after-sales service and delivery. The emphasis must be on placing the consumer in a position to make an informed decision having been given all the relevant details on the product and relevant pricing.
- Complaints and Responsibilities
In the event of a consumer complaining that a Halo Go member, in offering for sale the products of a member, has engaged in any improper course of conduct pertaining to the sales representation of its Goods, the member shall promptly investigate the complaint and shall take such steps as it may find appropriate and necessary under the circumstances to assist with the redress of any wrongs which its investigation discloses to have been committed. Members shall make every reasonable effort to satisfy the complainant. In all instances a consumer retains the right to refer any complaint to the Consumer Affairs Committee should a member unable to resolve the complaint to the complete satisfaction of the consumer.
Content and Related User Conduct
Halo Go members may promote and advertise Halo Go products and services using only official contents provided within the Platform. You acknowledge that not to alter, replicate, reproduce, reassign, distribute or store any of the contents without prior written approval from Halo Go.
Further, you expressly promise to use the Platform only for lawful purposes, and not to make use of for any of the commercial uses UNLESS you acquire prior written approval from Halo Go. You shall not use the Platform for any unlawful, fraudulent, criminal or otherwise illegal activities, or activities that will invade another’s privacy, cause irritation, annoyance, inconvenience or unnecessary concern to any person.
You understand that you are responsible for any content that you post or transmit on or through the Platform.
You agree to use the Platform in a manner consistent with all applicable laws and regulations.
Specifically, you will not use the Platform and/or in the name of the Platform to post, transmit, distribute, link to, or solicit content that:
- contains any advertising and promotional message;
- contains any region, race, religion, or political party related materials;
- violates or infringes any laws, regulatory requirements or codes;
- infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
- contains any obscene, offensive, defamatory or otherwise actionable material;
- undermines the security or integrity of the Platform, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices/items intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
- contains any errors, whether technical or otherwise; or
- Contains any material in any form that would otherwise render Halo Go liable or expose Halo Go to any proceedings whatsoever.
You may not use any robot, spider, or other automatic or manual device/item or process to monitor or copy Halo Go web pages or any portion of the content contained herein without Halo Go’s express written permission.
You may not use any device/item, software or routine to interfere or attempt to interfere with the proper working of the Platform, or to impose an unreasonable or disproportionately large load on the servers serving the Platform.
Halo Go shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via the Platform. Without limiting the foregoing, Halo Go shall have the right to remove any content that violates these Terms or is otherwise objectionable.
Content Posted or Submitted to Halo Go
In the event that you wish to contribute marketing materials and contents, you must send the final content to email@example.com to obtain a written approval. You agree that by submitting the marketing materials and contents, you agree to grant Halo Go a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Platform by all means and in any media now known or hereafter developed. You also grant to Halo Go the right (though you acknowledge and agree that Halo Go shall not be so obliged) to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Halo Go for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
Except for any personal, individually identifying information which we have agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the Platform, via email or otherwise, will be treated as being non-confidential and nonproprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
Links/ Hyperlinks by Third Parties and Hyperlinks to Third Party Website
The Platform may contain links/hyperlinks to thirds party website which are neither owned nor controlled by Halo Go. Halo Go has no control over and shall not be responsible for any of the content, privacy policies, or security practices of the third party website, and shall not be liable for any loss or damage of any kind incurred in connection with the third party website. Additionally, Halo Go is not responsible to investigate, remove, monitor, censor or revise the content of any third party website;
Hyperlinks from Third Party Website
You agree that caching, hyperlinking to, and framing of the Platform or any of the contents are strictly prohibited.
Halo Go reserves all rights to disable any links to, or frames of any Platform containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
You agree to fully indemnify, defend and hold harmless Halo Go, its directors, officers, employees, suppliers, licensors, agents, and any third party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of the Platform, your access or connection to the Platform, your violation of these Terms, or your violation of any rights of another. Halo Go reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Halo Go in asserting any available defenses.
Further, you shall indemnify and save harmless Halo Go against and from all claims, proceedings, damages, costs and expenses which may be brought against Halo Go or to which he may be subjected to by reason of you infringing or being held to have infringed any intellectual property rights.
Halo Go shall not be liable in any way to you whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any loss, damage or liability incurred or sustained by you caused by or as a result of:
- any failure, delay, interruption to or disruption of the Platform in the transmission or reception of any data through the Platform, howsoever caused or arising
- any loss, corruption or deletion of any data or information transmitted to or stored in any system or equipment, howsoever caused or arising
- any event the occurrence of which Halo Go is unable to control or avoid by the use of reasonable diligence, including but not limited to the failure, shortage or interruption of electrical power or supply, riots or civil commotion, strikes, lock outs or trade or labour disputes or disturbances, plague, epidemic or quarantine, fire, flood, drought or acts of any Government or sovereign, change in any Law, acts of war or terrorism (whether real or perceived), inclement or extreme weather conditions and acts of God
- the disclosure and/or publication by Halo Go of any information or data relating to you, howsoever caused or arising
- the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data relating to you through the use of the Platform
- any error, omission or inaccuracy in any information provided by Halo Go whether to you or any person and whether in any publication or as part of or in connection with the Platform or otherwise
Disclaimer of Warranties
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.
We do not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and our server(s) are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
No advice or information, whether oral or written, obtained by you from us or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that we have no obligation to support or maintain the Services.
We disclaim any and all liability or responsibility in relation to the Platform made available through the Services, including but not limited to the Content uploaded by users or the third party content and Services. We are not responsible or liable in any manner for the third party Content and Services associated with or utilised in connection with the Services, including the failure of such third party Content and Services, including but not limited to the Content and/or Services of our Merchants.
We maintain and shall have the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Halo Go Platform and/or the Services, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services (or any part thereof) on any particular device or communications service. We have no obligation to provide you and/or the Merchant with notice of any such changes, and we are further under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Halo Go Platform and/or the Services.
Other than as expressly set out in these terms or additional terms, neither Halo Go nor its agents, suppliers or distributors make any specific promises about the services. For instance, Halo Go doesn’t make any promises about the content within the services, the specific purposes of the services, or their reliability, availability, or ability to meet your requirements. Halo Go provides the services “AS IS” basis.
Halo Go does not warrant that the content contained herein will be uninterrupted or error-free, that defects will be corrected, or that Halo Go servers are free of viruses or other harmful components.
Halo Go shall not be liable whatsoever in any manner for any content posted on the website (including entitlements of infringement relating to content posted on the website, for your use of the website or for the demeanor of any third parties.
Limitation of Liability
You expressly understand and agree that:
- Halo Go provides the usage of the Platform on an “as is” and “as available” basis,
- Halo Go makes no warranties of any kind, whether express, implied, statutory or otherwise with respect to the information collected for or provided to you under this agreement, the content or the Platform,
- Halo Go does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Platform or other contents accessible from the Platform,
- To the full extent permissible by applicable law, Halo Go disclaims all warranties, express, implied, statutory or otherwise, regarding or relating to the use of the Platform,
- To the full extent permissible by applicable law, Halo Go specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or error-free or uninterrupted usage of the Platform,
- In no event shall Halo Go be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, Goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Platform, delays, inaccuracies or errors in the information or in the transmission of the Platform, or any information or transactions provided on or over the Platform or downloaded or hyperlinked from the Platform, or performance of the contents on this Platform, even if Halo Go has been advised of the possibility of such damages.
Where you purchase any Products from the Platform, Halo Go shall transfer to you such manufacturer’s warranties as may be capable of transfer to you. You agree that this shall constitute your sole and exclusive remedy and Halo Go’s sole and exclusive liability in respect of any defects, faults or failure in or of such equipment. All implied or statutory warranties and all other warranties implied by law as to merchantability, quality or fitness for a particular purpose, or otherwise arising from course of dealing or usage of trade or any other express or implied warranties or representations are excluded. In particular, Halo Go does not warrant that any such equipment is fault-tolerant or is designed, manufactured or intended for use for any purposes for which the failure of the Product could lead to death or personal injury.
Neither Halo Go, nor any affiliate, officer, director, employee, attorney, or agent of Halo Go shall have any obligation/responsibility with respect to, and you hereby waive, release, and agree not to sue any of us upon, any claim for any special, indirect, incidental, or consequential damages suffered or incurred by you in connection with, arising out of, or in any way related to, these Terms & Conditions or any of the transactions contemplated herein.
Further, you hereby expressly waive, release, and agree not to sue Halo Go or any affiliates, officers, directors, employees, attorneys, or agents for punitive damages in respect of any claim in connection with, arising out of, or in any way related to, these Terms & Conditions or any of the transactions contemplated herein.
Intellectual Property Rights & Royalties
The content (including, but not limited to, information, communications, software, images and sounds contained on or available through the Platform) is provided by Halo Go, its content providers and third parties licensors. The intellectual property rights to or over the contents contained in each Platform shall vest in and solely belong to Halo Go, its content providers and/or third parties licensors. All rights are reserved. The contents of the Platform cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of Halo Go. You agree that the material and content contained within or provided by the Platform is for your own personal use only and may not be distributed commercially.
Your access to or use of the Platform should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Platform without Halo Go’s prior written consent. You may not, without Halo Go’s prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the Platform or any other website.
You further agree to grant to Halo Go free from all royalties, fees and other charges, all licences in respect of intellectual property rights now or hereafter owned or controlled by Halo Go. You shall indemnify Halo Go from and against all claims, proceedings, damages, costs and expense which may be brought against Halo Go as a result of the use of such intellectual property rights or infringement by Halo Go of the same.
All software used on this Platform is the property of Halo Go or its software licensors and is protected by the relevant copyright laws. You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Platform or create derivative works based on the Platform. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Platform to determine the source code, structure, organization, internal design, alGOrithms or encryption devices/items of the Platform’s underlying technology. You agree not to circumvent any technology used by Halo Go or its licensors to protect content accessible via the Service.
Halo Go, Halo Go.com.my, Other website trademarks and servicemarks are the property of Winner Venture Sdn Bhd (“the Marks”). Without prior permission from Halo Go, you agree not to display or use the Marks in any manner.
Halo Go may change, suspend, or terminate all or any part of usage of the Platform, the access or availability of the Product website/link, at any time, with or without reason. You acknowledge that the operation of Halo Go may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors Halo Go shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Platform or the specific Product website/link.
Cause for such termination shall include, but not be limited to:
- requests by law enforcement or other Government agencies
- discontinuance to the Platform (or any part thereof)
- unexpected technical or security issues or interruption, disruption or congestion problems
- you have engaged in fraudulent or illegal activities
- your access or use in connection with or for the purposes of any activities which would or may cause any irritation, annoyance, embarrassment, harassment, disturbance or nuisance of any kind whatsoever to or otherwise be prejudicial to the interests of Halo Go or any person
- you breach any of these Terms
- you have perpetrated a fraud on the Platform or has conducted yourself in a manner which may result in perpetrating (or which, in the opinion of Halo Go, constitutes and attempt to perpetrate) a fraud on Halo Go or the Platform
You agree to fully indemnify Halo Go and its stakeholders from any losses arise as a result of unavailability of access to service.
Governing Law and Jurisdiction
Any agreements created between you and Halo Go via this Platform will be deemed to have been made in Malaysia only and shall be governed and construed according to the laws of Malaysia. Any disputes or proceedings shall be subject to the exclusive jurisdiction of the Courts of Malaysia.
Halo Go’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
Any part of these Terms that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of the these Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
These Terms are for the benefit of Halo Go and its directors, officers, employees, suppliers, licensors, agents, and any third party content providers to the Platform. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
If any of these Terms & Conditions in the Platform is held to be illegal or invalid under present of future laws or regulations effective and applicable during the term of this Platform, such Terms & Conditions shall be fully severable and shall be construed as if such illegal or invalid Terms & Conditions had never comprised as part of the Platform and the remaining Terms & Conditions in the Platform shall remain in full force and effect and shall not be affected by the illegal or invalid Terms & Conditions or by its severance from the Platform.
Terms & Conditions applicable to Third Party Products & Services
All third party products and services (Services) are deemed provided to you solely and independently by manufacturer or vendor (Vendor) and all queries, technical support requests, complaints and/or other issues arising out of or in relation to the Services shall be forwarded to the Vendor or its Call Centre. Halo Go does not, in any manner, whether expressed or implied, endorses the Services and/or Vendor. The Services are provided on an “AS IS” basis. Halo Go, and their respective related and/or affiliated companies, disclaim and exclude all warranties (relating to the content, information, services relating to or in connection with the Services and/or as provided by the Vendor including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy) and all liability to you or anyone else (for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with your application, the Services and/or the Vendor).These Terms & Conditions shall also be subject to Halo Go management including where payment are collected for the Vendor and/or the Services.
Unidentified Third Party Products and Services
You acknowledge and agree that Halo Go is not responsible for the availability of any unidentified third party products and services or what you access through the Platform. Halo Go shall not be held responsible or liable for any content, advertising, products or services available from such unidentified third parties. Any dealings between you and any unidentified third party advertisers or merchants found on or via the Platform, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, Halo Go is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
Halo Go accepts no liability or responsibility for any of the unidentified third party bookings, products and services provided by such third party suppliers.
Your personal information
The primary responsibility for the observance of the Terms & Conditions and Code shall rest with each member. You agree to indemnify and relieve Halo Go and its related parties including but not limited to its directors, officers, employees, suppliers, licensors, agents, and any third party providers from and against all claims, proceedings, damages, costs and expense which may be brought against them as a result of your breach in any of the Terms & Conditions and Code of Conduct as a member of Halo Go. Halo Go and its related parties reserves the right to warn and exercise legal actions for any losses and damange caused by the actions of a Halo Go member.
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BY ACCESSING OR USING THIS PLATFORM YOU AGREE THAT YOU HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.