Terms
1. Introduction
These Terms govern your use of our website located at https://mouthains.com (together or individually “Service”) operated by Mouthains PLT 201704000024 (LLP 0010150-LGN), a limited liability partnership (“Mouthains”, “we”, “our”, “us”), registered in Malaysia.
Our Privacy Notice also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Notice (“Agreements”). You acknowledge that you have read and understood these Terms, and agree to be bound by them.
You accept these Terms by creating an account, or through your use of the Service, or by continuing to use the Service after being notified of a change to these Terms.
These Terms apply to all visitors, users and others who wish to access or use the Service.
2. Compatibility
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Service. While we continuously develop the Service in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Service is likely to be accessed from, we do not warrant compatibility of the Service with specific mobile devices or other hardware.
3. Internet
The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications including but not limited to the device used by you or the third party provider being faulty, not connected, out of coverage, switched off or not functioning or even the provision of services by the internet service providers. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.
4. Representations, Warranties and Undertakings
4.1. By using the Service, you represent, warrant / undertake that:
4.1.1. You have legal capacity to enter into contract and that you are at least eighteen (18) years old. You cannot enter into contract if you are below eighteen (18) years old;
4.1.2. All the information which you provide shall be true and accurate;
4.1.3. You will only use the Service for their intended and lawful purposes;
4.1.4. You will keep your account password and/or pass code or any identification we provide you which allows access to the Service secure and confidential;
4.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
4.1.6. You will not try to interrupt or harm the Service in any way;
4.1.7. You will not attempt to commercially exploit any part of the Service without our permission, including without limitation modify any of the Service’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without written permission from our authorized personnel;
4.1.8. You will not authorize others to use your identity, account or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
4.1.9. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
4.1.10. You will not use the Service for sending or storing any unlawful material or for fraudulent purposes;
4.1.11. You will not use the Service to cause nuisance or behave in an inappropriate or harmful manner towards us or any third party;
4.1.12. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
4.1.13. You will not copy, or distribute the Service or other content without written permission from our authorized personnel;
4.1.14. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times.
4.1.15. You agree that we may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right but not the obligation to terminate these Terms and your use of the Service at any time with or without notice;
4.1.16. You will only use an access point or data account which you are authorized to use;
4.1.17. You agree that the Service is provided on a reasonable effort basis;
4.1.18. You agree that your use of the Service will be subject to our Privacy Notice;
4.1.19. You agree to extend full co-operation with us with any internal or external investigations as may be required by us in complying with any prevailing laws or regulations in place at no costs whatsoever either directly and indirectly to us and further indemnify us or any competent third parties assigned to carry out such investigations;
4.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Mouthains or any other party as a result of your breach of these Terms;
4.1.21. You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud us or to disrupt the intended functions of the Service;
4.2. If you are a third party provider who fulfil the order and/or booking, you further represent, warrant / undertake that:
4.2.1. You have all the required and valid approval, licenses and permits to operate your business in the jurisdiction in which you use the Service based on the any prevailing federal, state, or local laws, statutes, rules, or regulations;
4.2.2. You shall not contact consumers/ users for purposes other than in connection with the Service;
4.2.3. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer, including without limitation any user account not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Service;
4.2.4. You are aware that when responding to consumers and/or users, standard telecommunication charges may apply which shall be solely borne by you;
4.2.5. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Terms;
4.2.6. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of our information or information related to the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and we reserve the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and
4.3. If you are a consumer and/or user using the Service, you further represent, warrant / undertake that:
4.3.1. Your use of the Service is for your own sole, personal use or for your business use;
4.3.2. You will not use the Service to cause nuisance, annoyance, inconvenience or make fake requests;
4.3.3. You agree and accept that the third party provider provision of product and/or service is as-it basis and there is no guarantee to such product and/or service;
4.3.4. You shall not contact the third party provider for purposes other than the Service;
4.3.5. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Service;
4.3.6. Where applicable, you will not copy any content displayed through the Service, including any third party product content and reviews, for republication in any format or media;
4.3.7. You are aware that when placing requests via the Service, standard telecommunication charges will apply;
4.4. You acknowledge and agree that only one (1) mobile number can be used for an account and the account can be use on one (1) device at a time;
4.5. You agree that we may, based on our sole discretion, we shall deactivate or restrict access to your account without prior notification.
4.6. Any grievances between consumers and/or users and third party providers must be resolved with each other directly. You agree that we, our partners, officers, associates, affiliates, employees, and agents will not be a party to such grievances or resolution.
5. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by emailing at hello[at]eatdr[dot]ink
6. Purchases
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your delivery information.
You represent and warrant that:
(i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Notice.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
7. Subscription
7.1 For third party provider
7.1.1. You must maintain with us a Credit Account. The Credit Account comprises a pre-payment to us by you of commissions and other fees and charges applicable under these Terms. You must at all times maintain a minimum credit balance (“Minimum Balance”) in your Credit Account in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by us, and shall be notified to you via the Service. It may be changed at any time at our sole discretion.
7.1.3. We reserve the right to terminate or restrict your access to the Service with immediate effect if you fail to maintain the Minimum Balance. We also reserve the right to impose additional fees or charges on top of the required Minimum Balance to re-activate or re-enable or remove the restriction to your account.
7.1.3. You may add funds (“Credits”) to your Credit Account to fulfil the Minimum Balance requirement. Balance may be added in any manner prescribed by us from time to time (such as credit/debit card payments or transfer from your bank account).
7.1.4. You shall provide us with accurate and complete billing information that may include but not limited to full name, address, state, postal code, contact number and/or mobile number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
7.1.5. You are strongly advised to keep complete documentation including but not limited to official bank transfer slip, official bank statement showing your name and bank account number and such transaction made to us, of all addition of Credits to your Credit Account.
7.1.6. Credits in your Credit Account are not redeemable for cash. They cannot be resold, exchanged or transferred for value under any circumstances and to whomsoever. The Credits shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances or with whomsoever. You will not receive interest or other earnings on your Credits. We may receive interest on the Credits. You agree to assign your rights to us for any interest derived from your Credits.
7.1.7. You may cancel your Subscription either through your online account management page or by contacting hello[at]mouthains[dot]com.
8. Refund
8.1 For third party provider
8.1.1. Credits in your Credit Account is refundable on case-by-case basis and at our sole discretion.
8.1.2. Such refund request is subjected to bank charges and/or fees, our processing and administration fees, and other fees which will be deducted from your Credit Account provided there are sufficient Credits available.
8.1.3. There must be a minimum amount determined at our sole discretion available in your Credit Account for such refund request.
8.1.4. Refund will only be made to the bank account where the Credits have been transferred from. You are required to furnish all the documentation such as but not limited to bank transfer slip and bank statement showing the corresponding transactions in order for us to process your refund request.
9. Payment Terms for Consumers and/or Users
9.1. Consumers and/ or Users are required to make full payment to the third party provider by the method selected at the time of making request, which may be cash on delivery, or one of the automated payment methods available to you on the Service. Any payment pursuant to such selection is non-refundable and irrevocable.
9.2. Automated payment may be made by credit card and/ or debit card, or where available by such other methods as are made available in the Service.
10. Free Trial
We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for Free Trial.
If you do enter your billing information when signing up for Free Trial, you will not be charged by us until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to
(i) modify Terms of Service of Free Trial offer, or
(ii) cancel such Free Trial offer.
11. Fee and/or Rate Changes
We, at our sole discretion and at any time, may modify Subscription fees or rates for the Subscriptions. Any Subscription fee or rate change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees or rates to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee or rate change comes into effect constitutes your agreement to pay the modified Subscription fee amount or rate.
12. Charges for Add-Ons
If you use an Add-on that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the Add-on is active. Your billing cycle for an Add-on may differ from your billing cycle for your Monthly Plan or other features of the Service, and certain Add-ons may require upfront payment for their entire billing cycle.
13. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that:
(i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and
(ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service.
However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
We have the rights but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Mouthains or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
14. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
14.1. In any way that violates any applicable national or international law or regulation.
14.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
14.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
14.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
14.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
14.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
14.7. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
14.8. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
14.9. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent from our authorised personnel.
14.10. Use any device, software, or routine that interferes with the proper working of the Service.
14.11. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
14.12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
14.13. Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
14.14. Take any action that may damage or falsify third party provider rating.
14.15. Otherwise attempt to interfere with the proper working of the Service.
15. Analytics
We may use third-party Service Providers to monitor and analyze the use of the Service.
16. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.
17. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password and/or pass code, including but not limited to the restriction of access to your computer and/or mobile or electronic devices and/or account.
You agree to accept responsibility for any and all activities or actions that occur under your account and/or password and/or pass code, whether your password and/or pass code is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
18. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Mouthains PLT and its licensors.
The Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Mouthains PLT.
19. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hello[at]mouthains[dot]com.
You may be held accountable for damages (including costs and legal’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
20. Error Reporting and Feedback
You may provide us either directly at hello[at]eatdr[dot]ink or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).
You acknowledge and agree that:
(i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
(ii) Mouthains PLT may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary information from you or any third party; and
(iv) Mouthains PLT is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Mouthains PLT and its partners an exclusive, worldwide, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
21. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we 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 such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.
22. Disclaimer Of Warranty
These services are provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither us nor any person associated with us make any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services.
Without limiting the foregoing, neither us nor anyone associated with us represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
We hereby, disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
23. Limitation Of Liability
You will hold us and our partners, officers, associates, affiliates, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including legal fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from these Terms and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if we have been previously advised of the possibility of such damage.
If there is directly quantifiable liability found on the part of us, it will be limited to the amount paid for our products and/or services less costs (both direct and indirect) incurred in provision of our products and/or services and under no circumstances will there be consequential or punitive damages.
Mouthains PLT, its partners, officers, associates, affiliates, employees, and agents will not be a party to disputes, or negotiations of disputes, or any legal action between you, the consumers and/or users and third party providers. Responsibility for the decisions you make regarding services and/or products offered via the Service (with all its implications) rests solely on you. You expressly waive and release us, and our partners, officers, associates, affiliates, employees, and agents from any and all liabilities, claims, causes of action, or damages arising from your use of the Service, or in any way related to the third parties providers, introduced to you by the Service
The quality of the products and/or services through the use of the Service is entirely the responsibility of the third party provider who ultimately provides such products and/or services to consumers and/or users. You understand, therefore, that by using the Service, you may be exposed to transportation or delivery services that is potentially dangerous, offensive, harmful, unsafe or otherwise objectionable, and that you use the Service at your own risk.
24. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
25. Governing Law
These Terms shall be governed and construed in accordance with the laws of Malaysia, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
26. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to consumers and/or users, including third party providers.
27. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the Terms, please do not use or continue using the Service.
28. Waiver And Severability
No waiver by us of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction, in Malaysia, to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
29. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, pandemics, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
30. Acknowledgement
By using service or other services provided by us, you acknowledge that you have read these Terms and agree to be bound by them