Terms and ConditionsThese Terms, Privacy, Policy and Conditions of Service ("Terms of Service") govern your account on FMH, FMH mobile site (the "FMH Sites" or the "Sites"), and FMH mobile apps (the "FMH Mobile Apps" or the "Apps") and your use of the Sites and all products and services provided through the FMH Sites. FMH is operated by FMH Group Sdn Bhd ("FMH," "we", or “our”) and provides the content posted on the Sites subject to the following Terms of Service.
A. Parties"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to FMH.
B. Content"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "FMH Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties’ other than FMH or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and FMH Content.
2. Changes to the Terms of ServiceWe may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
3. Using the Site
A. Responsibility for Your ContentYou alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by FMH.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your ContentWe may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose.
Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against FMH and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
C. OwnershipAs between you and FMH, you own Your Content. We own the FMH Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the FMH Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the FMH Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the FMH Content are retained by us.
D. AdvertisingFMH and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
D. OtherUser Content (including any that may have been created by users employed or contracted by FMH) does not necessarily reflect the opinion of FMH. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
5. Permitted UsesThe Sites are designed to offer users purchasing with suppliers ("Suppliers"), which may include a discount. You agree not to use the Sites in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any FMH' server, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any portion of the Sites, other accounts, computer systems, or networks connected to any FMH' server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Sites. You will not link to any part of the Sites if such activity is illegal, will cause damage to, or will otherwise harm FMH or any other party. Moreover, FMH reserves the right in its sole discretion to disable or otherwise terminate your use of the Sites, or any links you make to the Sites, or request you to do the same. FMH reserves all of its rights in the FMH Sites not expressly granted to you by these Terms of Service.
PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, as they are prohibited on the Site and constitute express violations of this Agreement:
- Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your FMH account or in order to create multiple FMH accounts;
- Attempting to access, or actually accessing, data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures;
- Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by FMH;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
- Using frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
- Using any Site content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
- Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with FMH;
- Reselling or repurposing your access to the Site or any purchases made through the Site;
- Using the Site or any of its resources to solicit Site End Users, Restaurants or other business partners of FMH to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with FMH, including without limitation, aggregating current or previously offered deals;
- Collecting content from the Site, including but not limited to current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission;
- Collecting the Personal Information, Statements, data or content of any Site End Users or Restaurants;
- Using any End User(s), Retailer(s), Restaurant(s) or Office(s) information from the Site for any commercial purpose, including, but not limited to, marketing;
- Accessing, monitoring or copying any content or information from this Site using any "robot," "spider," "scraper" or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
- Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of FMH, our Restaurants or our services; or
- Hyperlinking to the Site from any other website without our initial and ongoing consent.