You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to :
Penefit will not be liable for any loss or damage arising from your failure to comply with this Section.
Penefit reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Penefit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
All Rewards made available in connection with the Service are made available directly by the relevant brand owner providing such Reward ("Rewards Provider") (not Penefit itself) and are redeemable solely for the applicable goods or services of the relevant Rewards Provider. The Rewards Provider, not Penefit, is the provider of the Rewards and is solely responsible for redeeming any Rewards you obtain. Penefit will have no liability if a Rewards Provider refuses or fails to honor any Reward.
You may register for the Service using third party services (e.g., Facebook, Gmail, and Yahoo) and otherwise enable various third party services to be directly integrated into your Penefit experience. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Penefit shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Penefit is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Penefit is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Penefit enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Penefit, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service, and for all activities and events that you facilitate via the Service.
Unless otherwise expressly authorized herein or in the Service, you as a consumer agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use as a consumer and may not be used for direct commercial endeavors.
Under no circumstances will Penefit be liable in any way for any content posted by third parties (including Rewards Providers) or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Penefit does not pre-screen content, but that Penefit and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients, whether as an end user or otherwise (collectively, "User Content"), if any. You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Penefit and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Penefit are non-confidential and Penefit shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send Penefit a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Service should be sent to Penefit at:
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (including Rewards Provider websites). Penefit has no control over such sites and resources and Penefit is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Penefit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (including Rewards Providers) while using the Service are between you and the third party, and you agree that Penefit is not liable for any loss or claim that you may have against any such third party.
You agree to release, indemnify and hold Penefit and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PENEFIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PENEFIT MAKES NO WARRANTY THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PENEFIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PENEFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:
You agree that you are solely responsible for your interactions with any other user, Rewards Provider or third party in connection with the Service, and Penefit will have no liability or responsibility with respect thereto. Penefit reserves the right, but has no obligation, to become involved in any way with disputes between you and any Rewards Provider or other third party in connection with the Service.
By accessing this website and its contents, you agree that Malaysia law shall govern such access and you agree to submit to the non-exclusive jurisdiction of the Malaysia courts. You agree that Penefit's records and any records of communications, instructions made, performed, processed or effected through this website by either party, whether stored in electronic or printed form, shall be binding and conclusive evidence of such communications or instructions. You agree that such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were in electronic form or were produced by or are the output of a computer system.
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