Date of Last Revision: 1/1/2015
This agreement is written in English (UK). Shall any language translated versions conflict with the English version, the English version will prevail.
1. ACCEPTANCE OF TERMS
2. SCOPE OF AGREEMENT
3. CHANGES TO THE SERVICES
4. REGISTRATION AND USAGE
Customers must register and create a profile on YouthsToday to access and use the Services. If Customers are registering on behalf of a company (ies), by registering, they confirm and agree that they have the requisite authority to register on behalf of such company (ies). The same applies if the Customers act on behalf of other person(s). The email address provided during the registration will be the login for the YouthsToday account. Each account must have a unique email address and Customers agree to not create more than one account under the same email address.
By registering, Customers agree to use the Services only for the purposes advertised on the YouthsToday website or in any other marketing material published by YouthsToday or YToday Sdn Bhd. Customers agree to not post content or perform any action on YouthsToday that infringe, violate someone else’s rights or otherwise violate the national/international law or might have such or similar consequences.
By registering, Customers confirm that they are a valid business desiring to use the Services with aim to find, obtain/provide sponsoring, also find events, and advertise the business and/or to conclude the deals for sponsoring. Any information provided about Customers’ business (information about event, exhibition or other) or contact information (such as email addresses, banking account number and phone numbers and etc.) must be valid and accurate contact information.
5. THE YOUTHSTODAY.COM ADVERTISING/MARKETING NETWORK
In order to maximize the exposure of the YouthsToday business online and the deals between the Organizer and Sponsor made through the Services, YToday Sdn Bhd can, at its sole discretion: enter into agreements with third party businesses in order to create a profile page of YouthsToday website or on third party’s websites; optimize any current or future Internet listings for Customers’ business; take advantage of search engine marketing; lead generation or social networking opportunities; advertise Consumer`s business through media means, and perform any other acts it deems appropriate to increase traffic and use of the Services (the “YouthsToday Marketing Actions”).
The YouthsToday Marketing Actions will include any and all search engine marketing, lead generation or social networking that YToday Sdn Bhd undertakes on behalf of the Customers or to promote the Services and generate traffic to increase the number of sponsoring deals concluded through the YouthsToday, including but not limited to marketing and advertising effected through any of the YouthsToday Marketing Actions.
From time to time, at its sole discretion, YToday Sdn Bhd may make specific offers to Customers to participate in the YouthsToday Advertising Network. The terms and conditions of these offers will be available to the said Customers at the time of the offer and acceptance of the offers will be at the Customers’ sole discretion.
6. FEES/PRICING; PAYMENT TERMS
The fees for using the SME platform are indicated on the SME website.
The Customers agree that the address, the email address, fax they provide in their account settings are valid business addresses and that YToday Sdn Bhd may invoice these Customers at such addresses/numbers or through other electronic or facsimile communications.
YToday Sdn Bhd reserves the right, at any time and at its discretion, to change any fees and any other pricing terms for the Services or additional features on SME website. Any changes shall be posted on the SME website or communicated to the Customers per email/fax/mail or other means and will be effective immediately after a prior notification of 1 week to the Customers.
7. PAYMENT AUTHORIZATION; INVOICING
YToday Sdn Bhd will invoice the Customers on a monthly, yearly or single (depending on the chosen packages for Services) basis, in advance, for all amounts due to YToday Sdn Bhd. Each invoice shall set forth the fees to be incurred in the forthcoming month (hereinafter the “YToday Sdn Bhd Invoice”). YToday Sdn Bhd agrees to post each YToday Sdn Bhd Invoice on the Customers’ online account within one week of the first day of the applicable calendar month (hereinafter the “Invoice Posting Date”) or in case of the single payment at latest one week after the paid Services have occurred/have been concluded.
By providing a credit card or any other payment information either during registration or at any time thereafter, each Organizer or Sponsor warrants that such credit card or payment gateway is correct and valid, and authorize YToday Sdn Bhd to charge such credit card or payment gateway for amounts due under the YToday Sdn Bhd Invoices pursuant to the payment schedule set forth in present section below.
For each YToday Sdn Bhd Invoice, YToday Sdn Bhd will charge to the credit card or payment gateway, listed in the Customers’ account, all undisputed amounts of such YToday Sdn Bhd Invoice at the day of the Invoice Posting Date. Customers are responsible for logging in and timely reviewing any YToday Sdn Bhd Invoice. All amounts on YToday Sdn Bhd Invoice shall be deemed to be undisputed unless you submit a disputed charge claim to YToday Sdn Bhd pursuant to Section 9, below. Once an amount has been charged to a Customers’ credit card or payment gateway, it is nonrefundable.
If, for whatever reason, YToday Sdn Bhd charges the Customers’ credit card or payment gateway pursuant to Section 7, above, and the payment does not go through, YToday Sdn Bhd reserves the right to suspend their access to the Services. If the Customers fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, YToday Sdn Bhd reserves the right to cancel the Customer’s account. In the event YToday Sdn Bhd cancels the account for non-payment, all amounts due and unpaid to YToday Sdn Bhd for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, YToday Sdn Bhd reserves the right to seek payment using any remedies allowed to it by law.
9. DISPUTED CHARGES
If the Customers wish to dispute any fees or charges invoiced by YToday Sdn Bhd, the Customers agree to submit the disputed fee or charge to YToday Sdn Bhd no later than five (5) business days after the YToday Sdn Bhd Invoice containing the disputed fee or charge is sent for payment. The Customers are responsible for logging in and timely reviewing any YToday Sdn Bhd Invoice. Each Organizer and Sponsor may submit a disputed fee or charge by contacting YToday Sdn Bhd by registered mail. YToday Sdn Bhd agrees to review said dispute and work with the concerned Organizer or Sponsor to find a timely and best solution.
10. ELECTRONIC COMMUNICATIONS
YToday Sdn Bhd reserves the right to contact the Customers from time to time for feedback about the Services, special announcements and for service and support related issues through e-mail, facsimiles, text or voice messages, or notices posted on SME website. Notices will be deemed effective at the time they are sent by YToday Sdn Bhd or as of date they are posted, regardless of whether the Customers actually read any such notices.
Customers may opt-out of receiving notifications through the Services by logging into the account and changing the notification settings; opting-out of such notifications, however, will limit the effectiveness of the Services. Customers may not opt-out of receiving notifications relating to support of the Services or other notices as required by law.
Customers consent that any emails, surveys, other information or feedback provided to YToday Sdn Bhd through the YouthsToday platform or via any other medium, except for Personally Identifiable Information can be used by YToday Sdn Bhd in any manner, including but not limited to testimonials, reviews and ratings on YToday Sdn Bhd or third party websites.
11. INTELLECTUAL PROPERTY
YToday Sdn Bhd retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “YToday Sdn Bhd”) that are the exclusive property of YToday Sdn Bhd and/or its licensors. YToday Sdn Bhd does not transfer any rights of YToday Sdn Bhd Intellectual Property to Customers.
Content of the Services that incorporates or includes any of the YToday Sdn Bhd may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of YToday Sdn Bhd or the rightful owner, as applicable.
12. CONFIDENTIAL INFORMATION
Confidential Information is any oral, written, graphic or machine-readable information disclosed by YToday Sdn Bhd that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential. Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services. Customers agree to not disclose or use any Confidential Information without the prior written consent of YToday Sdn Bhd, and to maintain the confidentiality of the Confidential Information.
13. ORGANIZERS AND SPONSORS WARRANTIES
It is the Customers responsibility to use the Services properly and effectively. By using the Services Customers warrant that: they will use the Services only for the purposes advertised on the SME website or any other marketing material provided by YToday Sdn Bhd; that Customers are a valid business desiring to use the Services with the aim to find or provide sponsoring and/or to conclude the sponsoring deal on SME; that any information provided, among such are e-mail, business addresses, phone numbers, event details, payment details and other, is valid and active information. Any breach of this section will result in termination of the Customer’s account on SME. YToday Sdn Bhd reserves the right to pursue any remedies available to it by law or in equity for any breach of this Section.
14. ORGANIZER’S AND SPONSOR’S RESPONSIBILITIES
Organizer is responsible to furnish Sponsor with all the requested information about the event Sponsor is interested to sponsor. Sponsors respectively are responsible to provide financial support (sponsoring) for the selected event.
Customers are responsible for ensuring that they can fulfill all parts of sponsoring deal engagements made through the Services. Customers are also responsible for communicating changes directly to their counterparts (respectively Organizer or Sponsor). Customers are responsible for checking their accounts regularly in order to be able to find matching events, propose sponsoring for respective events, or request/answer the sponsoring for the event. Customers are responsible on their own for managing and closing the sponsoring deal. The sponsoring deal is automatically closed and the amount of money requested by the Organizer is automatically debited from the account of the Sponsor after the Sponsor has purchased the chosen sponsor-package(s) on the SME website. Customers agree to receive or provide the financing for the event(s) by using the online payment solutions chosen by YToday Sdn Bhd and provided on SME website.
Customers are also responsible for all equipment required to access the Services, including (but not limited to):
a properly configured internet enabled device compatible to SME;
a functioning and valid email address;
any other equipment needed to access the Services.
When using the Services Customers must comply with all laws and restrictions, including Luxembourg laws and regulations, to which the Services are subject.
15. USE OF THE SERVICES
Customers may not use the Services in any manner that is illegal or harmful to the Services or YToday Sdn Bhd. Among other restrictions, Customers agree not to:
- Use the Services through unauthorized interfaces or protocols;
- Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
- Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits);
- Remove, obscure or alter any notices or indications of rights in or to the YToday Sdn Bhd;
- Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any YToday Sdn Bhd servers;
- Take any action that imposes an unreasonable or large load on YToday Sdn Bhd’s infrastructure;
- Upload invalid data, viruses, worms, or other harmful software to the Services;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by YToday Sdn Bhd;
- Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or
- Impersonate any person or entity in order to use, or through use of, the Services.
Customers agree not to allow or consent any third party to act in the above mentioned manner.
16. CUSTOMERS SUBMISSIONS
Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by YToday Sdn Bhd (“Content”) or by Customers (the “Submissions”) to the Services website is owned by the party contributing such content. Customers are solely responsible for their own Submissions. By transmitting their Submissions, Customers warrant that they have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. Customers agree that they will not submit in the Submissions material that is or contains the intellectual property of a third party that they do not have permission to use.
Customers shall retain all of their ownership rights in their Submissions; however, by submitting material to YToday Sdn Bhd, Customers grant YToday Sdn Bhd the irrevocable, fully transferable right to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and YToday Sdn Bhd’s business, and to grant these rights to the third parties. To the extent Customers do not have ownership rights to any of the Submissions, Customers shall indemnify YToday Sdn Bhd for any claim regarding YToday Sdn Bhd’s use of the Submissions.
YToday Sdn Bhd does not guarantee any confidentiality with respect to any Submissions and will not treat any Submissions as confidential. When using the Services, Customers may be exposed to Submissions from a variety of sources, and YToday Sdn Bhd is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.
16.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by YToday Sdn Bhd in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. YToday Sdn Bhd may own the Site Content or portions of the Site Content may be made available to YToday Sdn Bhd through arrangements with third parties. Except as expressly authorized by YToday Sdn Bhd in writing or in connection with your use of the intended functionality of the Services, 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 web site 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 YToday Sdn Bhd. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
16.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to YToday Sdn Bhd 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 works 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 (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. YToday Sdn Bhd reserves the right to remove any of Your Content from the Site at any time if YToday Sdn Bhd believes in its sole discretion that it does not comply with this TOS. In addition, you agree that YToday Sdn Bhd may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of YToday Sdn Bhd both on the Site and in marketing and promotional materials.
17. LINKS TO THIRD PARTY SITES
Customers may encounter hypertext links to websites operated by parties other than YToday Sdn Bhd during Customers use of the Services and on SME website. YToday Sdn Bhd does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on SME website does not imply any endorsement by YToday Sdn Bhd of the material on such website or any association with their operators.
YToday Sdn Bhd may store or retrieve information on your browser in the form known as “cookies”. Cookies are used in order to provide the Customers with friendly and faster user experience. Usually cookies help to collect additional website usage data and to improve our Services. A cookie is a small data file that is stored temporarily to Customers’ computer's hard disk.
For the moment YToday Sdn Bhd uses session cookies. These cookies are critical and essential for the functioning of the SME platform. These cookies track Customers’ name and session ID (a unique number of the log in session of each Sponsor or Organizer). Such cookies help to keep the Customers logged in while browsing on the SME platform.)
Cookies mentioned above are used on the SME webpage and as well on the websites of the other third parties who have integrated SME widgets, share buttons or which have installed SME software.
19. DISABLING COOKIES ON YOUR BROWSER
Customers can instruct their browser to stop accepting cookies or to request permission each time they visit the websites. For these Customers need to change the settings in their browser. Please refer to the user’s manual of your browser to disable cookies. However, some SME services may not work properly if cookies are disabled.
20. PROTECTION OF PERSONAL DETAILS
21. INFORMATIONS SHARING
YToday Sdn Bhd may share information, including personal information within the YToday Sdn Bhd subsidiaries, affiliates and other entities forming the part of YToday Sdn Bhd.
Upon termination of the use of the Services for any reason, all of the rights to access and use any and all parts of the Services shall immediately terminate. In the event of such termination, Customers agree to remove any and all Content provided by YToday Sdn Bhd from all of their hard drives and any other storage media and to destroy all copies of the Content in their possession.
23. OUR RESPONSIBILITIES
24. SOLE REMEDY
Customers and third parties only remedy for any dispute with YToday Sdn Bhd is to stop using the Services, unless otherwise provided by law or the competent courts.
26. ENTIRE AGREEMENT / TRANSLATION / INTERPRETATION
27. NO WAIVER
A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.
28. Governing Law AND Dispute Resolution
The laws of Malaysia shall exclusively govern all disputes and all other proceedings outcoming of the connection and the content of the SME platform and the Services. The Court of Malaysia shall have exclusive jurisdiction over all disputes and all other proceedings related to the content and the connection to this Site.
29. WARRANTY DISCLAIMER
The Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.” CUSTOMERS AGREE THAT THE USE OF THE SERVICES SHALL BE AT THEIR SOLE RISK. YToday Sdn Bhd does not guarantee that Customers will be able to access the Services at all times or places, that YToday Sdn Bhd will have adequate capacity for all Customers, OR THAT THE SERVICES WILL BE OPERABLE with all equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, YTODAY SDN BHD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, include implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. YTODAY SDN BHD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICEs or the services provided by the third parties. YAPPOINT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND YTODAY SDN BHD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN CUSTOMERS AND ANY THIRD PARTY.
The Services are offered by YToday Sdn Bhd from Malaysia. YToday Sdn Bhd makes no representations that the Services are appropriate or available for use in other countries. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
30. LIMITATION OF LIABILITY
IN NO EVENT SHALL YTODAY SDN BHD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO CUSTOMERS OR OTHER THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) CUSTOMERS SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) CUSTOMERS USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING CUSTOMERS’ DATA) INCURRED AS A RESULT OF THE USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTIONS.
31. TICKET PURCHASE
YouthsToday provides a simple and quick means for registered users who are event organizers and planners ("Organizers") to collect payments with respect to the sale of tickets/registrations, merchandise and services for, and the solicitation of donations with respect to, events registered on the Site from users who want to attend such events ("Buyers" or "you"). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, inventory, etc., and collect event registration fees online directly from Buyers. Payments are all transacted through (insert payment method here) or other third party payment service methods (collectively, "Facilitated Payment Modes" or "FPM") or the YouthsToday payment processing gateway (the "Gateway"). This TOS applies to you and your use of the Services as a Buyer and/or other non-Organizer user or visitor of the Services ("non-Organizer" or "you").
32. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside.
In addition, the Services are subject to United States export controls. No part of the Services may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services of the same type as the Services. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.