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Terms of Service

Welcome to SabahReview.

These terms and conditions outline the rules and regulations for the use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”).

By accessing this website we assume you accept these terms and conditions. Do not continue to use SabahReview if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company, The Maker PLT, a limited liability company established and resident under the laws of Malaysia. SabahReview means The Maker PLT, Sabahreview.com, or SabahReview mobile application as applicable. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Malaysia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

1. Changes To The Terms

We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service.

If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you.

You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.

2. Using The Service

  1. Eligibility. To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of SabahReview or if we have previously banned you from the Service or closed your Account.
  2. Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
  3. Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
  4. Accounts. You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.

    Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without SabahReview’s prior approval. 

  5. Communications from SabahReview and Others. By accessing or using the Service, you consent to receive communications from other users and SabahReview through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote SabahReview or businesses listed on SabahReview, and may be initiated by SabahReview, businesses listed on SabahReview, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with SabahReview or made through the Service may be monitored and recorded for quality purposes.

3. Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

  1. Responsibility for Your Content. You alone are responsible for Your Content, and once posted to SabahReview, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by SabahReview.
    You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.

  2. Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against SabahReview and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

  3. Ownership. As between you and SabahReview, you own Your Content. We own the SabahReview Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the SabahReview Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the SabahReview Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the SabahReview Content are retained by us.

  4. Advertising. SabahReview and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

  5. Other. User Content (including any that may have been created by users employed or contracted by SabahReview) does not necessarily reflect the opinion of SabahReview. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines.

4. Representations And Warranties

Unless otherwise stated, SabahReview and/or its licensors own the intellectual property rights for all material on SabahReview. All intellectual property rights are reserved. You may access this from SabahReview for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Violate our Terms, including the Content Guidelines and Event Terms and Conditions;
  • Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
  • Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  • Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account in accordance with the Business Terms;
  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results, review Recommendation Software (as defined in the Business Terms below), or any third party website;
  • Solicit personal information from minors, or submit or transmit pornography;
  • Violate any applicable law;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by SabahReview;
  • Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by SabahReview;
  • Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with  30 days’ prior written notice here;
  • Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
  • Record, process, or mine information about users;

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. SabahReview does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of SabahReview, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, SabahReview shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

SabahReview reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You have read and understood our Content Guidelines;
  • You have read and understood our Privacy Policy.
  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant SabahReview a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

5. Cookies

We employ the use of cookies. By accessing SabahReview, you agreed to use cookies in agreement with the SabahReview’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

6. iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

7. Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

8. Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

9. Your Privacy

Please read Privacy Policy

10. Indemnity

You agree to indemnify, defend, and hold harmless SabahReview, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “SabahReview entities“) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs)  arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. SabahReview reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of SabahReview. SabahReview will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11. Disclaimer And Limitations Of Liability

By accessing or using the service, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.

  1. The service and service content are made available to you on an “as is”, “with all faults” and “as available” basis, with the express understanding that the SabahReview entities may not monitor, control, or vet user content or third party content. As such, your use of the service is at your own discretion and risk. The SabahReview entities make no claims or promises about the quality, completeness, accuracy, or reliability of the service, its safety or security, including without limitation the security of your data, or the service content. Accordingly, the SabahReview entities are not liable to you for any personal injury, loss or damage that might arise, for example, from the service’s inoperability, depletion of battery power or other impairment of devices used to access the service, service unavailability, security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content or omission of content, order, and display), metrics or other content found on, used on, or made available through the service.
  2. The SabahReview entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the service or that offer goods or services through the service, or the service’s users. Accordingly, the SabahReview entities are not liable to you for any personal injury, loss or damage that might arise from any such third party’s actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the service. Your purchase and use of products or services offered by third parties through the service is at your own discretion and risk.
  3. Your sole and exclusive right and remedy in case of dissatisfaction with the service, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the service.
  4. The SabahReview entities’ liability shall be limited to the maximum extent permitted by law, the SabahReview entities will not be liable for any (I) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits or revenue, (iii) business interruption, (iv) reputational harm, (v) loss of information or data; or (vi) liability with respect to a consumer alert posted on any SabahReview business pages for your business. The waivers and limitations specified in this section will survive and apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.

12. Termination

  1. You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing SabahReview with a notice of termination. 
  2. We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.
  3. In the event of any termination of these Terms, whether by you or us, Sections 3–13 of the Terms of Service will continue in full force and effect.

13. General Terms

  1. We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
  2. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
  3. The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
  4. Any failure on SabahReview’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by SabahReview.
  5. If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
  6. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with SabahReview’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
  7. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and SabahReview as a result of these Terms or your use of the Service. 
  8. The section titles in the Terms are for convenience only and have no legal or contractual effect.

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