Terms and Conditions of Use

Sweet Spot Digital (Malaysia) Sdn Bhd (Company No. 1114370-X) (“SweetSpot”, “we”, “our” or “us”) owns the website www.mysweetspot.com.my (“Website”) and “SweetSpot” mobile applications (“App”). We provide website features and products and services when you visit or access our Website and App (collectively “Services”).

By using the Services, you are deemed to have agreed to our terms and conditions set out here and our privacy policy here. Where applicable, you will be subject to additional terms of use when you use a specific Service provided by us. The terms and services herein, privacy policy and additional terms (if applicable) are collectively referred to as “Terms and Conditions”.

Your use of our Services will be subject to the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, you may not use our Services.

We may vary, amend, modify or revise the Terms and Conditions from time to time. If we revise the Terms and Conditions, such changes will be effective when they are posted on our Website or App. Your continued use of our Services following such revision constitutes your acceptance to the revised Terms and Conditions.

1. Accounts

You must provide true, accurate and current information when you sign up for an account with us or to use the Services.

You are responsible to maintain and promptly update your information to keep it true, accurate and current.

You are responsible to maintain confidentiality of your account and password, and for restricting access to your computer or devices. You agree to accept responsibility for all activities that occur under your account or password.

We may suspend or terminate your account at our discretion if we believe that you have violated the Terms and Conditions.

The Services are available for users who are aged 13 and above. If you are under the age of 13, you must not register with us or use the Services.

2. Services

We may at any time limit access to, or modify or cease, the whole or part of the Services.

You are responsible for all equipment, devices and data connection at your own costs to use our Services. You may incur data charges when you use the App from your devices.

3. Merchant Offers

We will send you products or services offers or other information (“Merchant Offers”) from third party merchants (“Merchants”).

The Merchant Offers are selected based on your location, age, gender, interests and other information provided to us (including via hyperlink).

Information about Merchant Offers is not a recommendation or statement of opinion by us in relation to a particular product, service or Merchants and is not intended to be investment, financial product, legal, taxation or other advice by us.

Merchant Offers are not provided or endorsed by us. Your purchase or use of Merchant Offers will be on terms agreed between you and the Merchants directly. You must read these terms of use, make your own enquiries with the relevant Merchant directly before entering into a transaction in relation to a Merchant Offer.

We are not liable or responsible to you for any of the goods or services which are the subject of any Merchant Offer. If you have any complaints, dispute or claims in any way regarding a Merchant Offer, you must direct them to the Merchant concerned.

4. Location Information Required

In order to provide you with Merchant Offers that are relevant to your location, the App requires that you provide it with information about the location of your device. At present, it does so using the GPS location functionality in your device and in accordance with your proximity to BLE (Bluetooth low energy) beacon devices we place and operate.

If you do not agree to the App accessing that location information, or turn off the GPS and/or Bluetooth functionality in your device, we may not be able to provide you with Merchant Offers which are applicable to your location, or may present you with Merchant Offers which are not available at your location.

5. Privacy Policy

We collect, store, use and disclose information about you, your interests, location of your device and other personal information you submit to us in accordance to our Privacy Policy here.

6. Intellectual Property Rights

All Intellectual Property Rights in the Content in or made available through the Website, App and Services are owned by us or the respective owners, or licensed to us and are protected by copyright and other laws.

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable and non-sublicensable license to use and access the Services and Content for your personal and non-commercial purposes only, and only in connection with the Services. The licence granted herein terminates if you do not comply with the Terms and Conditions.

No part of the Services or Content may be reproduced, duplicated, copied, sold, distributed, downloaded, displayed, modified, transmitted or otherwise exploited for any commercial purpose without our express written consent.

"Content” as used in these Terms and Conditions means all content (including Merchant Offers), information, data, materials, design, text, graphics, logos, photos, videos, music, sound, images, digital downloads and data compilations, in and made available through the Website, App and Services.

“Intellectual Property Rights” as used in these Terms and Conditions means all patents, trademarks, service marks, logos, trade names, internet domain names, rights in designs (including “look and feel”), copyright (including rights in computer software) and moral rights, database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world.

7. Your use of our Services

You may post reviews, comments, ideas, suggestions and other content (“User Materials”) provided that

(i) they are not illegal, obscene, threatening, defamatory, objectionable, infringing of Intellectual Property Rights of others, in breach of confidentiality, injurious to their parties or in breach of any laws;

(ii) do not contain software viruses or other malicious codes; or (ii) they are not a form of political campaigning, commercial solicitation or spam.

We have no obligations to monitor any User Materials submitted. We reserve the rights (but not the obligations) to edit or remove any User Materials. We take no responsibility and assume no liability for any User Materials posted by you.

You may not use false email address or impersonate any person.

You may not collect or store personal data of other users.

You may not use the Services for fraudulent purposes engage or otherwise engage in unlawful activities conduct which will restrict or inhibit other users from properly using the Service

When you post User Materials or other information to us, you grant us a nonexclusive, royalty free, perpetual, irrevocable and full sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the same anywhere in any media, and to use your name in connection with the same. You warrant that all User Materials or information submitted are accurate and do not violate any laws and you will indemnify us from all claims resulting from the User Materials or information you submitted.

8. Links to Other Websites

Links to third party websites are provided for your convenience and reference. We advise you to review the terms of use and privacy policy of these linked websites as the sites might have their own terms and policy in place. We are not responsible for the content on these linked websites.

9. Disclaimers

All Services and Content are provided on an “as is” basis and “as available” basis. Unless otherwise stated herein and to the fullest extent permitted by law, in respect of the Services and Content:

(i) we make no representation or warranties of any kind, express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose;

(ii) we do not warrant that they will be uninterrupted, timely, secure, error free or free from virus or harmful components. You agree that the use of the Services is at your sole risk.

To the fullest extent permitted by laws, we exclude all liabilities and damages of any kind arising from the use of the Services or from any Content made available to you through our Services, including but not limited to, indirect, incidental, special, punitive or consequential damages.

10. Governing Laws

The Terms and Conditions are governed by laws of Malaysia and parties agree to submit to the exclusive jurisdiction of the courts in Malaysia.