Effective Date: 1st March 2018

The following conditions apply to the use of the SUPERKS service.

1. Acceptance of Terms

This Terms of use describes how Fass Payment Solutions Sdn. Bhd. Registration No. 20120132773 (1017261-P) (collectively “Fasspay”, “we”, “us” or “our”) collect, use, process and disclose your personal data through the use of Fasspay’s products and services provided to Isetan of Japan Sdn Bhd for its application named The Table by Isetan including without limitation to our loyalty programme named “Superks” (collectively “Services”). By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and FASSPAY. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.superks.com, and which is incorporated by reference into these Terms. If you do not agree to these terms, please do not use the Services.



Modification
FASSPAY may change these Terms from time to time, on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or accessing of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, Application or Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.

2. User and Network Participation

2.1 Registration
To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with SUPERKS (“Account”). You represent and warrant that all information provided by you to FASSPAY is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

2.2 Password and Security
As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions made from your Account(s). Any accounts you create are not transferable. You agree to notify FASSPAY immediately if you become aware of any unauthorized use of your Account(s).

2.3 Privacy
FASSPAY respects the privacy of our users. The Privacy Policy provided via the Site and Application, and which may be found at http://www.superks.com is expressly incorporated herein by reference and made a part of these Terms.

2.4 Limitation of Services
FASSPAY hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Services as provided by FASSPAY solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:

  1. Using the Services in contravention of any other agreement to which you are a party;
  2. causing, allowing, or assisting any other person to impersonate you;
  3. sharing your password or login with any other person;
  4. logging onto a server or Account(s) that you are not authorized to access;
  5. creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
  6. emulating or faking usage of the Services;
  7. violating or attempting to violate any security features of the Services;
  8. using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Application;
  9. introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
  10. interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services;
  11. causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of FASSPAY;
  12. tampering with the operation, functionality, or the security of the Services; 
  13. attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected;
  14. attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
  15. misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
  16. harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means;
  17. reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
  18. engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  19. forging any IP header or any part of the header information in any e-mail or newsgroup posting; (u) deep-linking to any portion of this Services without our express written permission;
  20. acting illegally or maliciously against the business interests or reputation of FASSPAY or the Merchants promoted via the Services;
  21. hyperlinking to the Services from any other website without our initial and ongoing consent;
  22. using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with FASSPAY;
  23. reselling or repurposing your access to the Services or any purchases made through the Services;
  24. using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of FASSPAY to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with FASSPAY.

3. Content

3.1 Information Accuracy
SUPERKS makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons posted via the Services or that any third party will honour or acknowledge any such coupons posted via the Services. SUPERKS is not responsible for providing any value for any coupons posted via the Services. SUPERKS is not responsible for the change of information at third party sites, Merchant Offer or stores including but not limited to coupon information, pricing, availability or fitness for use. You understand that SUPERKS does not and cannot review all material made available through websites linked or linking to any part of the Services. SUPERKS does not warrant that the Services or any functions contained in SUPERKS content available via the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL FASSPAY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER FASSPAY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

3.2 Merchant Partner Policies
Any products or services purchased from any merchant partner, whether through SUPERKS or otherwise, is governed by and subject to the applicable merchant partner’s policies and terms and conditions, including but not limited to the applicable return, cancellation, exchange and shipping policies. You agree that we are not agents of any merchant partner and that the merchant partner operates independently and not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any merchant partner is solely between you and that merchant partner. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. SUPERKS is not responsible for changes to, or discontinuance of any merchant partner from any of SUPERKS’s platforms or the termination of any promotion offered by any merchant partner on any of SUPERKS’s platforms. SUPERKS assumes no responsibility and shall not be liable for any content, product and/or services on the merchant’s platforms (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services does not breach any laws or regulations).

3.3 Trademark Information
You agree that all FASSPAY’s trademarks, trade names, service marks, and other logos and brand features (including, without limitation, “SUPERKS” and “FASSPAY” that are displayed via the Services (collectively, the “Marks”) are trademarks and the property of FASSPAY. You agree not to display or use FASSPAY’s Marks in any manner without FASSPAY’s prior permission. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that FASSPAY has any relationship with that third party or that such third party endorses the Services or FASSPAY.

3.4 Intellectual Property Ownership
All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to FASSPAY or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of FASSPAY or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of FASSPAY, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and FASSPAY owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause FASSPAY and its licensors irreparable injury, which may not be remedied at law, and you agree that FASSPAY and its licensors’ remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.

4. Disclaimer, Release, & Limitation of Liability

4.1 Disclaimer
The Services are provided by SUPERKS on an “as is” and “as available” basis. SUPERKS makes no representations or warranties of any kind, express or implied, as to the operation of the services or the information, content, materials, or products available via the services. You expressly agree that your use of the services is at your sole risk. To the full extent permissible by applicable law, SUPERKS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

4.2 Release
You are solely responsible for your interactions with merchants and others user of the site. To the extent permitted under applicable laws, you hereby release SUPERKS from any/all claims or liability related to any product or service of a merchant, any action or inaction by merchant, including merchant’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.

4.3 Limitation of Liability
SUPERKS will not be liable for any damages of any kind arising from the use of this services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

5. Governing Law and Arbitration

This Agreement, including any amendments thereto that SUPERKS may from time to time make at its discretion, are governed by and construed in accordance with the laws of the Malaysia. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (KLRCA) in accordance with the Arbitration Rules of the KLRCA Rules 2017 (“KLRCA Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Malaysia. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. You agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.

6. Other

6.1 Indemnities
You acknowledge and agree to indemnify and hold SUPERKS, its affiliates, officers, employees and agents, harmless, including costs and lawyer’ fees, from any claim or demand made by any third party due to or arising out of your use of the Services, your violation of these Terms, the infringement by you or made under your Account(s), of any intellectual property or other right of any person or entity or arising out of or related to any products or services purchased by you in connection with the Services.

6.2 Assignment
You may not assign your rights and obligations under this Agreement, in whole or in part, without prior written consent, and any such assignment without such consent will be null and void.

6.3 Termination of Service
SUPERKS disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. SUPERKS reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

6.4 Waivers / Severability
Any failure to enforce any provision of this Agreement on the part of SUPERKS will not be deemed a waiver of that provision. Any waiver of any provision of this Agreement by SUPERKS on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provision

6.5 Entire Agreement
This Agreement (together with the additional terms and conditions referred hereto or generally) represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements and representations, written or oral (including without limitation, earlier version of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your continued use of any of the SUPERKS services or continued maintenance of an account with SUPERKS shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.