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USER

TERMS AND CONDITIONS

INTRODUCTION

Please read these terms carefully before using the services offered by Hive Resources Sdn Bhd (Hive) or (We, Us or Our), a company incorporated by the laws of Malaysia. By using the Service as defined below, you agree that you have read, understood, accepted and agreed with the Terms and Conditions. 

The Terms and Conditions stated herein (collectively, the “Terms and Conditions ” or this “Agreement”) constitute a legal agreement between you and HIVE Resources Sdn Bhd (Company No. 1372328-V) (the “Company”). In order to use the Service you must agree to the Terms and Conditions that are set out below. By using the mobile application, website and/or social media supplied to you by the Company (the “Platform”), and downloading, installing or using any associated software supplied by the Company (“Platform”) which overall purpose is to enable persons seeking services to be matched with HIVE Partners or third party service providers (collectively, the “Services”), you hereby expressly acknowledge and agree to be bound by the Terms and Conditions, and any future amendments and additions to the Terms and Conditions as published from time to time at https://www.hiveapp.asia or through the Platform, without any prior notice given to you.

The Company reserves the right to modify, vary and change the Terms and Conditions or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms and Conditions or its policies relating to the Service shall be effective upon the posting of an updated version at https://www.hiveapp.asia or through the Platform.

SERVICES AND THE PLATFORM

The service of the company is to link you to third party car detailing centers. The Company is not responsible nor liable for the acts and/or omissions of any car detailing partners provided to you.

If you don't agree with any of the Terms and Conditions, please do not continue using the Platform or any of our services. Usage of the Platform is upon your own risk and you agree to indemnify the Company from whatsoever risk or losses arising from the use of the Platform.

PERSONAL DATA

1. The Company collects, uses and protects User’s personal data according to the PDPA Act. By continuing to use the Platform and/or Services, you are deemed to accept these terms and conditions.

2. The company commits to protect your security and privacy, and has made every effort to ensure that the transaction process is safe and that your personal information is secure.


3. The company does not have access to your card details at all times. All card details at the point of sale are handled by our trusted payment gateway partner that retains your card information and issues the Company with a unique token identifier which is used to process the cost of your Booking against your card, or issue refunds.


4. We strive to take all reasonable care to keep your Booking details secure but, in the absence of its own negligence, the Company cannot be held accountable for any loss incurred if a third party gains unauthorised access to any data you provide when accessing or Bookinging from the Website or Platform.

COMPLIANCE

As a condition of your use of the Services and/or access to the Platform, you agree:

 

1. You will only use the Service for lawful purposes;

2. You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;

3. You will not use the Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;

4. You shall not intentionally or unintentionally cause or attempt to cause damage to the third party partners;

5. You will not try to harm the Service, the Platform and/or the Software in any way whatsoever;


6. You will not copy, or distribute the Software or other content without written permission from the Company;

7. All trade marks, trade names, service marks (whether registered or unregistered) and logos in Website/Mobile Platform are owned by the Company or their respective owners and must not be used or modified in any way without obtaining the prior written consent of the Company.

8. The Service is provided on a reasonable effort basis; 

9. The Company reserves the right to log off accounts that are inactive.

SUSPENSION OF SERVICES

The Company may restrict or temporarily suspend all and/or some part of the Services due to:

 

1. Maintenance work

2. Power or communications outage

3. Third party or suppliers technical problems

4. Natural disaster, act of God, act of terrorism, and/or other force majeure events

 

The Company shall not be liable for any damages or losses that you may suffer as a result of any restriction or temporary suspension of any Services in accordance with these Terms

COMPENSATION

1. In the event of using our Services, any of your actions cause any losses to the Company, you shall be liable and shall compensate the Company for all costs and expenses incurred. 

 

2. In the event of any enquiries, complaints or claims raised by thief parties due to the actions by you, you shall be responsible and liable to resolve such enquiries at your own cost and shall indemnify the Company at all times.

CONSEQUENCES OF TERMINATION

Should your account be suspended or terminated for whatsoever reason, the Company may and without prior notice to you:

 

1. Cancel and/or reverse any and/or all bookings under your account at the Company’s sole discretion

2. Cancel, forfeit or deduct credits, points and/or vouchers as may be available under your account on the date of termination.

 

3. Cancel, forfeit or deduct benefits which may be provided to you

 

4. Disallow or restrict the use of all or part of the Services and/or the Platform

5. Deny or decline any new application for membership submitted by you within a reasonable time from the date of termination

 

6. Disallow the use of your previous username and/or delete all data relating to your account

7.  Claim for compensation or damages for any antecedent breaches by you prior to the termination

PRICING AND PAYMENTS

1. The Company reserves the right to impose any charges, fees or subscriptions (“Charges”) for the use of certain Services, if it deems fit.


2. The Company accepts payment by credit card, debit card, online banking, e-wallet, or Credits ("Points") subject to the selection of Service.


3.Payment for any purchase of Services on the Platform must be made before the stipulated periods of the Service. If payment is not completed within such time period, the said Booking shall be automatically cancelled by the system.


4. The Company reserves the right to cancel the Booking if the Company cannot obtain payment.

PAYMENT PROTECTION 

1. The Company provides payment protection services (“Payment Protection”) to its Users, whereby any payment made by a User for the purchase of Services is withheld by the Company and only released to the Merchant upon confirmation that the delivery of the Services has been made and such other appropriate criteria in Booking to protect the User’s interest. Payment Protection applies to all Services purchased on the Platform. 

2. If you have purchased any Services and completed full payment for the same but: 

(a) have not received the Services within the time period stated by the Merchant in the Product   page; or

(b) have received a Services which is reported to the Company within the time periods below as being defective or materially different from the description as stated on the Platform;

‍you may contact the Company, and the Company shall conduct an investigation. If the Company determines in its sole and final discretion that the Booking qualifies for a refund, the Company will credit the payment made by you for the Services.

DELIVERY OF SERVICES

1. The Company endeavour to provide the most efficient experience in our Platform. The Company strives to ensure adherence to stipulated delivery datelines as indicated in our Platform

2. You are expected to adhere to the bookings slot timing as chosen by you

3. The Company reserves the right to review and/or cancel your Bookings should you fail to show up within reasonable time as per the stipulated Booking slot.

4. The Company reserves the right to refund and/or reimburse your Bookings should the Merchant fail to fulfil your Bookings during reasonable time as per the stipulated Booking slot

DISPUTE BETWEEN USERS AND MERCHANTS

1. In case of any disputes relating to the purchase and sale of the Services on the Platform between you and the Merchant, you shall first attempt to resolve the dispute with the Merchant directly in good faith, via the Company’s customer service channel.

2. In the event the parties are unable to resolve the dispute, the Company reserves the right to suggest and implement an appropriate resolution at its sole discretion.

3. You agree to abide by and be bound by the Company’s decision and that the Company shall be entitled to:

(a) cancel any transaction;

(b) release any funds held under the Payment Protection Services to either of the disputing parties;

(c) temporarily or permanently suspend either or both of the disputing parties’ accounts;

(d) temporarily or permanently remove listings of a particular Merchant’s Product;

(e) remove any unlawful content from a Merchant store;

(f) revise the rating for the disputing parties’ accounts;

(g) cancel any coupons and/or points issued; and

(h) carry out all such other actions deemed necessary to ensure the decision is enforced fairly and reasonably.

INTELLECTUAL PROPERTY

1. All intellectual property rights, whether registered or unregistered in relation to the content on the Platform (including website, design, software, images, underlying source code and software) belong to the Company and where applicable, the content providers and third party licensors. All rights are reserved. 

‍2. You shall not copy, reproduce, compile, modify, distribute, reverse engineer, transfer, or transmit in any form or stored or installed elsewhere without the Company’s written permission. However, you may view, print or use the content available on the Platform for non-commercial use. You agree not to use any robot, scraper or other automated means to access the Platform for any purpose without the prior written permission from the Company.

3. Any person may protect their rights by contacting the Company in the event their copyright or other intellectual property has been infringed or violated on the Platform by any person. The Company may at its sole and absolute discretion remove the Product listing, information, specification and/or photograph complained of and/or suspend sales of the corresponding Products, until such time that the Company investigates and at its sole and absolute discretion decides that the complaints and/or that the alleged claims are invalid.

4. You shall indemnify and hold harmless the Company and its directors and employees from all actions, claims and demands which may be instituted or made against you arising from your use of intellectual property rights or violation of any applicable intellectual property laws.

LIABILITY

1. You undertake the Services at your own risk and agrees to indemnify the Company and its employees and directors against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from your own actions in any way in connection with the Services, or a breach of your obligations as set forth in these Terms and Conditions.

2. The Company is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Services. This limitation does not exclude any liability for negligence by the Company or death or personal injury arising out of such negligence.

3. The Company is not a Merchant, unless specified on the Platform, and make no representations whatsoever on the quality, safety or legality of the products, the truth or accuracy of the content posted on the Platform, or that an Booking will be completed successfully. 

4. The Company shall not be liable for any loss or damage caused by your reliance on information obtained through the Platform. It shall be your responsibility to evaluate the accuracy, completeness and usefulness of any information and provided, and use of the Platform is solely at your own risk.

5. In no event shall the Company be liable for any special, incidental, indirect, or consequential or punitive damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, including without limitation, those resulting from: (1) reliance on the materials presented, (2) costs of replacement products, (3) loss of use, data or profits, (4) delays or business interruptions, (5) negligence, (6) and any theory of liability, out of or arising in connection with the use of, or inability to use platform, whether or not the Company has been advised of the possibility of such damages.

GENERAL

1. Force Majeure. Neither party shall be liable for any failure to perform any of its obligations under these Terms and Conditions  if the performance is prevented, hindered or delayed by strikes, industrial disputes, fire, floods, acts of any government, riots, war, national emergency, Act of God, impediment by government laws, rules, regulations or Bookingrs or other events of force majeure and in such case its obligations shall be suspended for so long as such event continues.

2. Severability. If any provision of these Terms and Conditions and/or the Merchant Agreement is found to be illegal, void or unenforceable under the law, these Terms and Conditions shall continue in force save that such provision shall be deemed severed with effect from the date of such decision.

3. Waiver. A failure by the Company to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate as to bar the exercise or enforcement thereof at any subsequent time or times.