1) Welcome to www.skyhaha.com website, together with its mobile application, content, mark and services (hereinafter referred to as “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to SKYHAHA Sdn Bhd.
2) www.skyhaha.com is operated by SKYHAHA Sdn. Bhd and/or its affiliates (hereinafter referred to as ‘SHH” or “we”, “us”, “our”).
3) Use of the Site is on the terms contained in this document (Terms of Use). By accessing, browsing, using, registering with, or placing an order on the Site you are indicating your acceptance to be bound by these Terms of Use in their entirety. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on the Site about how the Site operates and the services which are available. If you do not agree to these Terms of Use, stop using the Site immediately.
4) The supply of any products or services you order from the Site is subject to our Terms and Condition. You should also read our Privacy Policy.
5) By joining SHH membership, or by using services or other benefits connected with that account, you also agree to our eMember Terms and Conditions. (Terms of Agreement for Smart VIP / Terms of Agreement for eMember)
6) Additional terms may apply to specific parts of our Site and services. We reserve the right to change these Terms of Use from time to time without prior notice by changing them on the Site.
ACCESSING THE SITE
1) We will use reasonable endeavours to ensure that information on the Site is accurate, but commentary and other material posted on the Site are not intended to amount to advice on which you should rely on. SHH may also make improvements in and/or changes to the information described in the SHH Website at any time without notice. To the fullest extent permitted by law, except to the extent that our Terms & Conditions and/or Privacy Policy apply, SHH is not responsible for any errors or omissions in the SHH Site or any website which may be referenced within or linked to the SHH Site.
INFORMATION ON THE SHH SITE IS PROVIDED "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DEALERS ABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SHH MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE WEBSITE.
ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. SHH MAKES NO REPRESENTATION OR WARRANTY THAT THE SHH WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SHH WEBSITE OR THE SERVERS HOSTING SUCH WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHH ASSUMES NO LIABILITY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND, LOST PROFITS, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE USE OF OR INABILITY TO USE THE SHH WEBSITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE SHH WEBSITE, EVEN IF SHH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2) You are responsible for ensuring that your computer system meets the specification and is compatible with the Site. You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy particular requirement for the safety and reliability of data input and output.
3) From time to time, we may restrict access to some features or parts of the Site, or the entire Site, to users who have registered with us. To register, you must be over eighteen (18) years of age. By registering on the Site, using the Site and / or making a purchase, you confirm and certify that the information you provide, is complete, accurate and up to-date. You agree to update your registration information promptly if it changes. All personal information you provide will be kept secure and processed in accordance with our Privacy Policy. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We are authorised to assume that any person using the Site with your registration is either you, yourself or is authorised to act on your behalf. You are responsible for all actions or activities that occur through or under your registration. You must notify SHH immediately if you believe there is any breach or unauthorised use of your account. We have the right to permanently remove inactive registrations, and disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.
4) The purchase of certain products and services on the Site may be subject to age or other requirements specified by law. We are not permitted by law to supply these products or services to individuals who do not satisfy the relevant requirements and, if you are underage or do not satisfy such requirements, you must not attempt to order these products or services through the Site.
USE OF CONTENT
1) The copyright, database rights, trademarks, domain names and other intellectual property rights in all material and information on the Site (“the SHH Content”) belongs to or is licensed to us.
2) You may download or print off copies of the SHH Content on the Site for your personal, non-commercial use and information only. If you do download or print off copies of the SHH Content you must retain any copyright or other intellectual property notices contained in the original material.
3) You are not permitted to copy or adopt the SHH Content, layout or code of the Site, or create an archive or database containing all or parts of the SHH Content for any business purpose or other commercial exploitation, without our specific consent.
4) Our name may not be used in any way, including in advertising or publicity amounting to distribution of materials on the Site, without our prior written consent.
5) We reserve all rights in and to the SHH Content, including the right to revoke at any time any authorization or consent granted by us.
USER GENERATED CONTENT
1) By submitting content (other than your Personal Data) to the Site you confirm that you have the right to use the same and a submission together with your agreement to these Terms of Use shall constitute an assignment to us of any intellectual property rights in such content. Any content you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, remove, distribute and disclose to third parties any such content for any purpose including (but not limited to) use of such content at our own discretion (with or without accreditation) in any media.
2) You confirm that content you upload to the Site (including any photos, videos, reviews, comments, or other communication, information or content) does not contain anything that:
(i) is distasteful, offensive, threatening, defamatory, misleading, defrauding or controversial, of bullying, harassing or otherwise objectionable behaviour,
(ii) infringes any intellectual property rights, privacy or other rights of any person,
(iii) otherwise, does not comply with all applicable laws and regulations, and
(iv) consist of or contain software viruses, political campaigning, commercial solicitation, spam, unsolicited commercial electronic messages or other material which may interfere with or disrupt the Site or our services.
3) We reserve the right (but not the obligation) to monitor, edit and/or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
4) You agree to indemnify and hold us harmless from and against all damages, losses, costs, fees and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to your breach of these Terms of Use, any user content you provide or otherwise contribute, any activity in which you engage on or through the site; and your violation of any law or the rights of any third party.
LINKS TO THIS & OTHER WEBSITES
1) We may from time to time provide you with access to content from third parties, such as links that will enable you to access the websites of third parties directly from the Site.
2) We are not affiliated with and have no control over any third-party content, unless otherwise stated, we do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any third-party content. Please read the terms of use and privacy policy of any third-party content that you interact with before you engage in any such activity.
3) We reserve the right, at our discretion, to prohibit any link from another internet site to materials or information on this Site. Without prejudice to that right, if you wish to link to the Site, you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:
a. You do not remove or modify our logo;
b. You do not create a frame or any other browser or border environment around the Site;
c. You do not in any way imply that we endorse any products or services other than our own;
d. You do not misrepresent your relationship with us nor present any other false or misleading information about us;
e. You do not otherwise use any of the trademarks displayed on the Site without our express written consent;
f. You do not link from a website that is not owned by you.
GENERAL
1) These Terms of Use describe the relationship between you and us, they do not create legal rights for other persons, even if they may benefit from such relationship.
2) Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.
3) If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.
4) SHH reserves the right to edit, amend and/or update the Term of Use. Your continued use of the Services or access to the Site, shall constitute your acknowledgment and acceptance of the changes we make to this Terms of Use. You agree that it is your responsibility to check back frequently to see any updates or changes to this Term of Use.
5) SKYHAHA Sdn. Bhd. is a company registered in Malaysia. Any formal legal notices should be sent to us at our Customer Services address set out in the Contact Us.
6) You and we agree that the laws of Malaysia apply to these Terms of Use and that any dispute between us regarding the Site or arising out of or in connection with these Terms of Use will only be dealt with by the courts of Malaysia.
CONTACT US
If you experience problems with the Site or would like to comment on it, please feel free to email us at cs@skyhaha.com
Version date: 20th December 2021
ALL RIGHT RESERVED @ 2021 SKYHAHA