Terms Of Use
Current terms effective as of December 2, 2019
These OhMyGrocer Terms of Use apply to the Internet website and any other digital properties (collectively, the “Site”) operated by OMG Consolidated Resources Sdn. Bhd. referred to as (“OMG”, “we”, “us”, or “our”). The use of the Site, including the purchase of any Products (as defined below) is subject to the following terms and conditions (the “Terms”) and the terms of our Privacy Policy. Therefore, please read all of these materials carefully.
By using the Site, you are indicating to us that you agree to these Terms. If you do not agree to these Terms, please leave and do not use the Site. If you have any questions about the Terms, please contact our Customer Experience Team.
The Site allows you to learn about and to purchase OMG ingredients and other F&B products (collectively, “Products”).
We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or of any Product or feature, without notice or liability.
We may offer Products through other authorized distribution channels, such as other sellers and websites; if so, the terms, conditions, and policies applicable to those other sellers and websites may apply, and those may be different than these Terms.
Your activities on the Site or use of the services may also be governed by additional guidelines, rules or agreements, all of which are incorporated by reference herein.
I. Our Privacy Policy
Please refer to our Privacy Policy to learn about how we collect and use information from and about you. The Privacy Policy is part of these Terms.
II. Electronic Communications
By visiting the Site and/or communicating with us by email or by chat via the Site, you are communicating with us electronically and agreeing that we may communicate with you electronically (including by email, chat on the Site, notice posted to the Site, and possibly other means as well). You agree that all such electronic communications (including all notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication be “in writing.” We may also communicate with you via telephone; please let us know if you do not want us to contact you that way.
III. Eligibility to Use and Buy from the OMG
You may not use the Site unless you are over the age of 18.
If you purchase a Product via the Site on behalf of another person or organization, then by doing that you represent and warrant to us that you have the right and authority to do so and to bind that other person or organization to these Terms.
You possess the legal authority to create a binding legal obligation in order to use the Site.
You have not been previously suspended or removed from the Site and you do not have more than one OMG registered account.
If you have an OMG account, you will safeguard your account, you will supervise the use of your account, and you will be completely responsible for any use of your account by you and/or anyone other than you. We retain the right at our sole discretion to deny anyone access to this Site and the Services we offer, at any time and for any reason, including but not limited to, violation of these Terms.
IV. Content & Intellectual Property
You may not copy or use any of the Content and Intellectual Property of or on the Site without our prior written authorization. Content means all of the visual, audio-visual, and written information displayed on the Site, including all graphics, photographs, drawings, designs, iconography, animation, videos, and writing (collectively, “Content”). All Content on the Site is the property of OMG and/or third parties with whom OMG has a relationship, and all Content may be protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, trademark laws.
The source code and compilation of this Site are likewise the exclusive property of OMG and protected by applicable intellectual property laws. You are not authorized to use such source code for any purpose other than the ordinary use of the Site.
All trademarks, service marks, trade names, trade dress, and other branding devices (collectively, “Marks”) that appear on the Site and/or OMG Products (collectively the “OMG Marks”) are the exclusive property of OMG and are protected by applicable intellectual property laws. In some cases, we may display Marks that are owed by third parties with whom we have a relationship. You may not display or use the OMG Marks (or Marks of third parties displayed on the Site) without our prior written authorization (or prior authorization from the applicable third party).
If you are a member of the press, you may use the Content without our prior written authorization, but only for legitimate, accurate, non-commercial reporting purposes that are not likely to cause confusion as to the source, sponsorship and/or affiliation of OMG or OMG’s Products.
Please contact us if you have questions about our Content or intellectual property, including whether we are willing to authorize your use of the same.
V. License & Access
You are allowed to use the Site only for your lawful personal or business use (or on behalf of a third party). You may not use the Site to do or to facilitate any of the following things (or otherwise to violate any laws or legal rights of anyone else):
1. Copy, imitate, mirror, distribute, publish, download, publicly display, publicly perform, post or transmit any of the Content in any manner or format, and through any means now known or later developed.
2. Resell any OMG Products or display or describe OMG Products for commercial or competitive purposes in a false, misleading, or disparaging light.
3. Commit fraud or other dishonest act, including by seeking refunds or other compensation or benefits for Product orders that are not legitimate, or about which you are not being completely truthful in your communications with us.
4. Make commercial use of any Content available on the Site.
5. Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the source code / HTML code underlying the Site.
6. Use any automated software or tools that are designed to extract and copy data (such as bots, spiders, crawlers, or other similar data-mining, data-gathering, or data-extraction methods) on the Contents of, or source code / HTML code underlying, the Site.
7. Collect any information about users of the Site.
8. Attempt to interfere with, disrupt, reverse-engineer, steal from, or gain unauthorized access to, any of the software, technology, or equipment that supports the Site;
9. Impersonate another person, or misrepresent your affiliation, with a person or entity;
10. Post advertising or marketing links or content;
11. Access the Site from anywhere in the world where it is unlawful for you to do so.
VI. Purchasing Products
All orders made by you shall be deemed to be an offer made by you to purchase the selected product and quantity set out in your order. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, at our sole discretion. If we reject your order, we will attempt to notify you.
Processing of payment for an order shall not in itself constitute acceptance of the order by OMG, provided that where an order for any Product is rejected or cancelled by us, any payment made for such order shall be reserved or refunded in accordance with our prevailing refund policy at such time. All orders made by you are subject to stock availability. We reserve the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific Product or entire Product category) without prior notice.
The Site currently uses one or more third parties to process payments that you authorize in connection with purchasing Products. We will inform you of the methods of payment that our third party payment processors permit while you are placing your order.
All amounts listed and monetary transactions on and via the Site are in RM Malaysia Ringgit including applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at the time and without notice. We will not, however, be able to notify you of changes in any applicable taxes.
We endeavour to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images, or other Product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete. You agree that OMG shall not be liable for any errors in the pricing and Product or promotional information listed on our Sites. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site.
By providing a credit card or other payment method that we accept, you represent and warrant that you authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your purchase.
VII. Replacements, Refunds & Returns
All return requests must be made on the spot of by rejecting and informing our delivery personnel. Return requests after you have confirmed the items you have received and accepted are not eligible for return due to the sensitively nature of our Products.
If you’re not completely satisfied with your order, we’ll redeliver, refund, or offer a comparable exchange if the original product is not available. Should any item become compromised during transit, please contact our Customer Experience Team immediately.
You may not return items for reason of stock or inventory balancing, offsetting unused inventory, insufficient expiry period, inability to resell items, quantity miscalculation, or reversing initial acceptance of purchased orders.
If the return policy allows for a return, or we otherwise agree to a return in writing, we do not take title to the returned Products until the item arrives at our fulfillment center. We will only issue a refund upon receiving the returned item at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded Product. Return or exchange request must be made within 24 hours upon receiving your goods.
VIII. Deliveries
You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the quality of the product you receive. In the unlikely event, you have any reason to believe that any other product in your delivery is not suitable for use or consumption, contact us immediately and isolate the item.
If you are not available when your delivery arrives, arrange and authorize someone on your behalf to accept the order. Advance planning by you should be made for immediate and proper storage of your products prior to preparation or consumption. Any individual at the delivery address who accepts a delivery from us is of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of bad weather or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. If timely delivery of your order is not feasible, we will reschedule or cancel your order for the period so affected and issue you a refund of the purchase price for that order.
IX. Discounts & Programmes
From time to time we may run promotions, contests, surveys, privileges and other programmes , subject to additioal terms and conditions which can be found on the Site and are hereby incorporated by reference into these Terms of Use. Promotions, contests, privileges and programmes are only valid for the time period specified by OMG and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock.
The following terms shall apply to the use of credits, vouchers, coupons and codes (collectively, “Discount Code”).
1. Each Discount Code is only eligible for a single or multiple use and is only valid for the time period specified by OMG.
2. Discount Codes may be redeemed by purchasing certain products from OMG during the applicable validity period. Unless otherwise stated.
3. Use of any Discount Code must be indicated at the time of checkout, and all information required by OMG must be provided. No retroactive use of the Discount Code is permitted.
4. Discount Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.
5. A minimum spend may be required before use of the Discount Code is permitted.
6. Discount Codes cannot be refunded, redeemed or exchanged for cash.
7. Resale, transfer and sharing of Discount Codes are strictly prohibited. In spite of the above, gift voucher, if offered by OMG, may be purchased by you and given to others.
8. No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Discount Codes is allowed.
9. Discount Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
10. OMG reserves the right to verify the validity of any Discount Code and to declare null and void and charge full price for items purchased, any Discount Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
11. We reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on the Site.
Any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis. No cash or credit will be offered in lieu of the gift. You are permitted to return a Product to OMG for a refund/credit and such Product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned Product less the promotion or discount applied to the returned Product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the Product(s) to which the gift related. If the total order value is reduced below the value of the qualifying free delivery or any promotional qualification because of a returned item, OMG may charge the delivery fee and/or the full value of the order without the promotion.
Our decision on all matters relating to promotions, discounts, Discount Codes and other privileges is final and binding. We reserves the right to discontinue any promotion, discount, Discount Code programme, contest, privileges or programme at any time without notice or liability.
X. Account Registration
To access or use certain features of the Site, you must register for an account. To be a registered User of the Site, you will be required to provide us with some information about yourself (such as your name, email address, phone number, delivery address and other details). You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OMG has reasonable grounds to suspects that such information is untrue, inaccurate, not current or incomplete, OMG has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Site (or any portion thereof).
OMG is concerned about the safety and privacy of all our users, particularly children. For this reason, and to be consistent with the terms of use of any service provider or other third party service providers, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify OMG of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. OMG cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any authorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that OMG shall be the sole arbiter of such dispute in its sole discretion and that OMG’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
XI. Advertisements & Links
OMG may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that OMG is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that OMG shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.
XII. Site Content
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content contained in or delivered via the Sites or otherwise made available by OMG in connection with the Site is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. OMG may own the Site content or portions of the Site content may be made available to OMG through arrangement with third parties. Except as expressly authorized by OMG in writing or in connection with your use of the intended functionality of the Site, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site content, or post any Site content on any other website or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site content for any other purpose is strictly prohibited without the express prior written permission of OMG. You shall use the Site content only for purposes that are permitted by this Term and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
XIII. Member Content
We are not responsible for information, data, text, music, sound, photographs, graphics, videos, code, messages, logos, tags, or any other material posted, stored or uploaded by users of the Site, or offered by you through a service. OMG makes no representations with respect to the accuracy, integrity, or quality of any such content, and shall not in any way be liable for, without limitation, for any errors or omissions in any content, any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site.
The Site may contain bulletin boards, review services, or other forum in which you or third parties may post reviews of experiences or other content, messages, materials or other items on the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and you understand that by using the services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect you use the services at your own risk.
OMG is not liable for any statements, representations, mistakes, defamation, slander, libel, omissions, flasehoods, obscenity, pornography, profanity or other content provided by its users in any Interactive Areas. Although we have no obligation to screen, edit or monitor any of the content posted to or distributed through any Interactive Area, OMG reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any content you post or store on the Site at your sole cost and expense.
You acknowledge and agree that if you contribute, provide or make available any content to the Site, you hereby grant to OMG a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative work based on, perform, display and otherwise exploit your content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (b) complies with all applicable laws and regulations (foreign or domestic). In addition, your content must be accurate and truthful. OMG reserves the right to remove any of your content from the Site at any time if we believes in its sole discretion that it does not comply with this Terms. In addition, you agree that we may use your name and profile picture (whether or not you have made it available through the Site) for the purpose of identifying you as existing or past customer of OMG both on the Site and in marketing and promotional materials.
XIV. Member Content Prohibitions
You understand that we do not provide the information on the Site and that all publicly posted or privately transmitted information and/or data, including but not limited to, text, photographs, graphics, messages, images, sounds, emails, comments, feedback, suggestions, ideas or other materials are the sole responsibility of the person from which such content originated. You agree and represent that you are entirely responsible for all content that you upload, download, post, email, transmit or otherwise use or make available via this Site. Since we do not control the content posted on the Site or sent to you from another user of the Site, advertiser, or other third-party, we cannot and do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site and/or the services, you may be exposed to offensive, indecent or objectionable content. You agree that we are not liable for any content, including, but not limited to, 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, transmitted or otherwise made available via the Site or actions taken in response or reaction thereto.
You agree not to use the Site for any illegal or inappropriate purpose, and affirmatively represent and warrant:
1. Member content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, invasive of privacy or publicly rights, abusive, inflammatory, fraudulent, discriminatory or otherwise objectionable.
2. Member content that would constitute, encourage or provide instruction for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
3. Member content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
4. Member content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or the origin of any member content.
5. Member content that, in the sole judgement or OMG is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose OMG or its suppliers or users to any harm or liability of any type.
6. Unsolicited promotions, political campaigning, advertising or solicitations.
7. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers.
8. Viruses, corrupted data or other harmful, disruptive or destructive files.
9. Stalk or otherwise harass another.
10. Set up additional account(s) to be used for deceptive purposes (“Sock Puppet Accounts”).
XV. General Prohibitions
Additionally, you agree not to do the followings:
1. Use this Site or its content for any commercial purpose.
2. Use, display, mirror of frame the Site, or any individual element within the Site, the OMG name, any OMG trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
3. Access, monitor, copy or download any Site consent or information of this Site using any robot, spider, scapper or other automated means or any manual process for any purpose without our express written permission.
4. Violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site.
5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
6. Compromise the confidentiality of your member account and password. You are fully responsible for all liablity and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
7. Collect or store any personally identifiable information from the Site from other users of the Site without their express permission.
8. Encourage or enable any other individual to do any of the foregoing.
OMG will have the right to investigate and persecute violations of any of the above to the fullest extent of the law. OMG may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that OMG has no obligation to monitor your access to or use of the Site or Site content or to edit any content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserves the right, at any time and without prior notice, to remove or disable access to any content that OMG, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.
XVI. Suspension and Termination
You agree that OMG has the right in its sole and absolute discretion and without notice or liability to:
1. Restrict, suspend, or terminate your access to all or any part of the Site; and/or
2. Terminate, deactivate or suspend your account, delete your account and all related information and files in your account without assigning any reason.
Without prejudice to the generally of the above, OMG reserves the right to deactivate your account if it has been inactive for a period of one years or more, or if you are in breach of any of our Terms.
XVII. Indemnity
You agree to defend, indemnify and hold OMG, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, shareholders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your content; the events listed on the Site; your use of, contribution to or connection with the Site; you violation of this agreement; and/or your violation of any rights of another. OMG shall provide notice to you of any such Claim, provided that the failure or delay by OMG in providing such notice shall not limit your obligations hereunder. OMG reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and in such case, you agree to cooperate with all reasonable requests in assisting OMG’s defense of such matter.
XIX. Disclaimers
You expressly understand and agree that (except where prohibited by law): (A) Your use of the Site and/or the services is at your own risk. The Site and services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability and services of a particular purpose and non-infringement. (B) Any content downloaded or otherwise obtained through the use of the Site and services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. (C) No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in this Terms.
OMG makes none of the following warranties, each of which OMG expressly disclaims:
1. The Site will meet your requirement.
2. The Site will be uninterrupted, timely, secure, or error-free.
3. The information that may be obtained from the use of the Site will be accurate or reliable.
4. The quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations.
5. Any errors in the software will be corrected or that any portion of the Site will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties.
XX. Limitation on Liability
OMG shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise with respect to the Site, or any other subject matter of these Terms and you expressly understand and agree that OMG will not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OMG has been advised of the possibility of such damages), resulting from any of the following:
1. Your use, or inability to use, the Site
2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the Site.
3. Unauthorized access to or alteration of data or information that you provide to us via the Site or otherwise
4. Statements or conduct of any user or third party on or involving the Site
5. Your reliance on content made available by us or third parties on or via the Site
6. Any other circumstances arising out of or relating to the Site
OMG shall have no liability with respect to any of your content or any content of any other user of the Site. In addition, OMG is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the Site (including, without limitation, any facilitated payment modes service), and OMG has no resposibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third party service provider the foregoing limitations shall not apply to the extent prohibited by applicable law.
XXI. Disputes Resolution
In the event of any dispute between OMG and you arising out of or in connection with your use of the Site, the parties shall promptly and in good faith, endeavor to resolve any such dispute. If parties are unable to resolve the dispute within thirty (30) days, then either party may submit the dispute to mediation. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of OMG to seek recourse in the courts of law, including commencing a legal action. If parties are unable to resolve the dispute and agree on a settlement via mediation, the parties may then elect to pursue the matter in court or via arbitration and shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. In the event the parties elect arbitration, the arbitration shall be conducted at the Kuala Lumpur Regional Centre For Arbitration (“KLRCA”) and shall be in accordance with the KLRCA Arbitration Rules and the Arbitration Act 2005, where applicable. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to OMG’s Site and/or the services be institured more than 6 years after the cause of action arises.
XXII. Governing Law
These Terms are governed by the laws of Malaysia. You hereby irrevocably submit solely to the exclusive jurisdiction of the courts of law of Malaysia in respect of all disputes arising out of or relating to the use of the Sites. OMG’s performance of these Terms is subject to existing laws, regulations and legal process, and nothing contained in these Terms is in derogation of OMG’s right to comply with governmental, court of law enforcement requests or requirements relating to the use of OMG’s Site or information provided to or gathered by OMG with respect to such use.
XXIII. Your Feedback
We welcome your comments, suggestions, and ideas about the Site, but we have no obligation to review, agree with, or implement them. In addition, please understand that we retain sole and complete discretion to use, disclose, disseminate, publish, and publicly display anything you send us (including your ideas, suggestions, inventions, secrets, or content) without paying or otherwise compensating you or anyone else. If you do not wish to grant us those rights, please do not send us anything without first contacting and discussing the matter with OMG.
You may provide or submit comments, feedback, suggestions and other content or information so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing, or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise misled as to the origin of a feedback.
XXIV. Change or Update to These Terms
We may review these Terms periodically to ensure that they comply with applicable law and remain consistent with our Products and operations. We therefore reserve the right to update and revise these Terms at any time without specific or direct notice to you. We intend to change the “Current terms effective as of ___” date at the top of these Terms each time we revise these Terms, but please contact us if you have questions about whether we have changed or updated any of the Terms or about which version of the Terms applies to you. You may wish review these Terms regularly to ensure that you are aware of any changes or updates.
XXV. Waiver
Our failure partially or fully to exercise any of our rights, or our waiver of any violation of these Terms, shall not prevent our later exercise of such right and shall not constitute or indicate our waiver of any subsequent breach. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
XXVI. Force Majeure
No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
For purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use. Such circumstance or event shall include strikes, lockouts, industrial action or labor disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, motor transport or other means of public or private transport, or political interference with the normal operation of any party.
XXVII. Severability
If any part or section of these Terms is determined to be invalid, void, or unenforceable for any reason, only that part or section will be severed. Such severing shall not affect the continuing validity and enforceability of the remaining parts or sections.
XXVIII. General
These Terms shall remain in full force and effect while you use the Site or retain a member account. You acknowledge that OMG reserves the right, in its sole discretion, to restrict, suspend, or terminate your account or deny you access to all or any part of the Site at any time, for any or no reason, including but not limited to your violation of any provision of these Terms and/or any applicable copyright and trademark laws. You agree that termination of your account or restriction on access to the Site may be effective without prior notice, and acknowledge and agree that upon termination of your account or restriction on access to the Site, OMG may immediately deactivate and delete all related member content, information and files associated with your account, and bar any further access by you to such files and/or the Site. We are not obliged to preserve, keep, or maintain back-up copies of any member content submitted or posted on the Site.
XXIX. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between you and OMG with respect to the Site and supersede any and all prior oral or written understandings or agreements between OMG and you relating to the Site, purchases, services, content and programmes. Any rights not expressly granted herein are reserved.