Beeducation Adventures Sdn. Bhd. (Company No: 1160905-A) (“BeED”)
The BeED Site is operated by Beeducation Adventures Sdn. Bhd. (Company No: 1160905-A) having its place of business at D-06-03 & D-06-3A, Sky Park @ One City, Jalan USJ 25/1, 47650 Subang Jaya, Selangor, Malaysia (“BeED”).
If you do not accept these terms and conditions, BeED is not willing to allow you to use the BeED Site and you should immediately stop using the BeED Site. You must be at least 13 years of age to use the BeED Site. BeED Site services are only available to, and may only be used by individuals who are at least 13 years of age or older and/or can enter into legally binding contracts under applicable laws. If you are not at least 13 years old, you should immediately stop using the BeED Site. By continuing to use the Site, by visiting or accessing or browsing or using you represent and certify that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder and you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
By visiting or using the BeED Site in any manner, including but not limited to, visiting or browsing the
referred to here and/or available by hyperlink or anywhere on the BeED site, which you hereby acknowledge
represent a legally binding agreement between you and BeED.
By using the BeED Site, you understand and accept that any information you send to the BeED Site may be intercepted or read by third parties even where there is notification that the transmission is encrypted.
“Confidential Information” includes but is not limited to:
“Content” includes but is not limited to text, photographs, trademarks, music, artwork, computer code, visual interfaces, graphics, user interfaces, logos and music, including but not limited to the design, selection, expression, “look and feel”, structure and arrangement of the Content on the BeED Site.
“country” means the country or countries where BeED provides related services to enable customers to purchase the Products on the BeED Site.
“BeED Marketplace” means the e-commerce platform for merchants, BeED and customers to market, advertise, promote, list, negotiate and complete sale and purchase transactions on the said platform.
“BeED Seller Centre” means the seller centre operated by BeED for merchants to inter alia manage products and orders, review transactions and sales activities and upload profile content.
“BeED Site” means the websites and social media networking websites, sites, applications and/or accounts under the BeED brand. This includes but is not limited to the BeED Marketplace, BeED Seller Centre, BeED journal and BeED pages and posts hosted on third party social media sites.
“Intellectual Property” means all intellectual property rights including copyright, patents, rights in circuit playouts, registered designs, trademarks, rights of privacy and publicity and other forms of intellectual or industry property, know how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets, the right to have Confidential Information kept confidential, right to intellectual property granted pursuant to a licence agreement, and any application or right to apply for registration of any of those rights including all rights to have any of the foregoing registered or granted upon application, in reach and any part of the world and whether or not registered or registerable and for the full period thereof, and all extensions and renewals thereof.
The BeED Site and all Contents of the BeED Site are Intellectual Property of Beeducation Adventures Sdn. Bhd. © BeED 2016 -2021. All rights reserved.
Any redistribution or reproduction of part or all of the Contents in any form is prohibited other than the following:
You may not, except with our express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic or mechanical methods.
You shall not engage in any or all activities that are restricted or prohibited by federal, state or local laws in any country or jurisdiction. This section provides a non-exhaustive list of prohibited and restricted activities and products that must be strictly observed by you. If you are a merchant, you are responsible for ensuring that you do not list, market, advertise, promote, negotiate, distribute and/or complete the sale and purchase of any product or engage in activities that are prohibited and/or restricted as set out in this section or by any applicable laws.
BeED may at its sole and exclusive discretion impose additional restrictions and prohibitions, and revise this section from time to time. It is your responsibility to check this section from time to time. You must not inter alia:
The following products are prohibited to be listed, transacted or otherwise dealt with on the BeED Site:
The BeED Site and the Content are owned, controlled or licensed by or to BeED and are protected by the laws on Intellectual Property rights, the common law and laws relating to unfair trade practices, unfair competition and other applicable laws.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may not, except with our express written permission, copy, reproduce, upload, reverse engineer, post, republish, publicly display, encode, transmit, distribute, translate, store or commercially exploit in any way including “mirroring” any part of the BeED Site and/or the Content to any other website or other form of electronic or mechanical methods or medium.
You may use information on the BeED Site (such as standard terms and conditions, policies and similar documents) made available by BeED for downloading from the BeED Site provided that:
BeED Marketplace, and other BeED graphics, logos, designs, page headers, button icons, scripts, service names and words referenced herein are either trademarks or registered trademarks of BeED and its Affiliates. BeED Site's copyright, trademarks, service marks, logos, business name, domain name and rights in trademarks and all other intellectual property rights may not be used, including without limitation, as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
If you believe that any content appearing on the BeED Site may constitute an infringement of your or any other party's Intellectual Property, you shall immediately inform BeED via its email at firstname.lastname@example.org. Upon receiving notification of a valid undisputable claim, BeED shall make reasonable endeavors to investigate and/or remove the Content or material within a reasonable time. Such steps are taken without any admission as to liability and without prejudice to BeED's rights, remedies and defences, all of which are expressly reserved. You shall indemnify BeED for all claims brought by a third party against BeED and its Affiliates arising out of or in connection with such claim.
The relationship between BeED and the merchants shall be solely that of independent contractors.
Each agreement entered into for the sale and purchase of any Product or Service with a merchant on the BeED Marketplace shall be an agreement entered directly between the merchant and the customer (“Customer Agreement”). Accordingly, the enforcement of any obligations under the Customer Agreement is the sole responsibility of the relevant merchant and the customer who are parties to that Customer Agreement.
You warrant that all information provided to BeED or BeED Site as part of the registration process or entering into an agreement with BeED at all times is true, correct, accurate and complete and you will immediately notify us of any changes to the information provided.
You acknowledge that in assessing an application by a customer to register or an application by a merchant to execute an agreement with BeED, BeED may conduct preliminary checks against its internal criteria and policies. BeED reserves the right to reject any application in its sole discretion without providing any reasons for such rejection. You hereby consent to BeED carrying out all and any checks deemed necessary by BeED relating to compliance with any law, including under the Personal Data Protection Act 2010 and its related subsidiary legislations and or amendments, modifications etc thereof.
This sub-section 5.2 applies only to merchants who list, market, advertise, promote, negotiate, sell and/or distribute any product on the BeED Site.
By uploading Content to BeED Site, you warrant, represent and covenant that you own and/or have the rights or are licensed to use such Content in this manner and that such Content does not infringe directly or indirectly any Intellectual Property. You further represent and warrant to BeED that you are not aware of any claims made, likely to be made or possibility of being made by any third party with regards to any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from use of the Content. In the event that BeED receives a complaint and/or negative information in respect of any Content posted by you, BeED reserves the right to remove such Content immediately. In such a case, it shall be your sole responsibility to deal with such a complaint and to compensate BeED Site for any loss suffered.
BeED acknowledge that we will not acquire any rights in respect of the Content and that all those rights and goodwill are, and will remain, vested in you as merchant or the owner of the Content, as the case may be. You shall not be entitled to use any Intellectual Property belonging to BeED without our prior approval in writing.
By posting Content on the BeED Site, it is possible for a third party or website outside the BeED Site to repost that Content. If you choose to display your own BeED Site hosted image on another website, the image must provide a link back to its listing page on the BeED Site.
You agree to release, defend, protect, indemnify and hold BeED, our Affiliates, and our respective directors, officers, employees, contractors, agents, users, successors, and assigns, harmless from and against any and all costs, expenses, fines, penalties, losses, damages, and liabilities arising out of any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other dispute, claim, demand or action resulting from the posting, uploading, displaying or any other dealing with the Content on the BeED Site.
The Merchant warrants that:
Where required, the Merchant shall at its own cost be obliged to procure all formal consents, waivers, approvals, authorisations, exemptions, registrations and/or licenses necessary for BeED to list, market, promote, feature and make available for sale the Products on the BeED Site. Where necessary, the Merchant agrees to assist and cooperate with BeED in securing regulatory approval for the listing of the Products on the BeED Site.
BeED may at its discretion as and when required, provide to the merchants manuals setting out standard operating procedures and detailed practical requirements and the merchant agrees to comply with the requirement of the manuals.
The merchant warrants, represents and covenants that:
The merchant shall not be entitled to use any Intellectual Property belonging to BeED without BeED's prior approval in writing.
The following terms and conditions apply to all Travel Products ordered through BeED, except as otherwise specified on any particular Travel Product and except as otherwise required by law. By ordering, or printing, or accepting, or using or attempting to use any Travel Product on the BeED site, you agree to these additional terms and conditions.
All Travel Products are promoted and issued by the participating merchant through BeED as a service provider. BeED is authorized to act as the merchant's agent where applicable only for purposes of receiving and processing payments from customers for the customer orders placed through BeED Marketplace.
The merchant is the holder and issuer of the Travel Products and under no circumstances shall BeED be deemed the holder, issuer or seller of the Travel Products. BeED does not own, manage, operate or control the delivery or fulfilment of customer orders. The merchant is solely liable and responsible to liaise directly with customers for delivery and fulfilment of customers' orders, including but not limited to the supply and delivery of the travel and/or tour packages. BeED will only be facilitating with customer service, by liaising with the merchant and the customers and third party providers to provide support and after-sales service like management of requests for cancellation and refunds from the merchant.
The merchant is solely responsible for the value and redemption of the Travel Product. Each Travel Product is subject to the merchant's redemption terms and conditions. The Travel Product may not be redeemed for products or services other than those specified on the Travel Product.
While BeED makes every effort to work with merchants to ensure that any material or rate for travel products displayed on the BeED Site is accurate as at the date of listing, BeED hereby expressly disclaims any responsibility, and makes no representations, warranties and/or undertakings whatsoever on the accuracy, completeness, quality or adequacy of any contents for Travel Products on the BeED Site.
BeED is not in any way whatsoever liable for any possible claims of customers and/or third parties arising from the sale of the Travel Products, fulfilment and delivery of customer orders and its related services, including but not limited to, claims of personal injury, death or property damage. Every customer purchases products and services from BeED's site with the express knowledge and agreement that BeED is not in any way whatsoever liable for any possible claims of customers and/or third parties arising from the sale of the Travel Products, fulfilment and delivery of customer orders and its related services, including but not limited to, claims of personal injury, death or property damage. The merchant is solely responsible for any and claims, including any bodily injury, medical condition, illness, damages, claims, liabilities and costs suffered by or relating to any customer and third parties and the compliance with all laws.
You hereby knowingly waive and release BeED from all responsibility for any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act and/or omission of the merchant in connection with the merchant, the provision of the services and products relating to the Travel Products, and compliance or otherwise by the merchant with applicable law.
The Goods and Services Tax (“GST”) Act 2014 has been repealed, and the following Sales and Services Tax (“SST”) legislation came into effect on 1 Sept 2018:
The GST has been abolished with effect on 1 September 2018. However, according to section 4 of the Goods and Services Tax (Repeal) Act 2018, there is no cut-off for the collection of any GST that was due and payable prior to the repeal of the GST Act 2014, but has not yet been accounted for, or has been overlooked.
BeED authorises you to view and download the information and materials at the BeED Site only for your own personal and non-commercial use provided that you ensure all copyright and other proprietary notices contained in the original materials on any copies of the materials are maintained and preserved.
All materials downloaded or otherwise obtained through the BeED Site are done at your sole discretion and risk and you shall be solely responsible for any damage to BeED's computer system or loss of data that may result from the download of any such material. No advice or information whether oral or written obtained by you from BeED or through or from the BeED Site shall create any warranty not expressly stated herein.
You warrant that you, either by yourself or in concert with another, will not use the BeED Site for any and all of the following activities:
The messages, comments, reviews and testimonials express the views of the users of the BeED Site and not necessarily the views of BeED. Content of messages, comments, reviews and testimonials of BeED Site's users is neither created by, verified by nor adopted by BeED. BeED does not vouch for or warrant the accuracy, completeness or usefulness of the messages, comments, reviews or testimonials of the users on the BeED Site, and is in no way responsible for the contents of the messages, comments, reviews or testimonials which do not constitute BeED's authorised literature. Only authorised literature produced and issued by BeED represents our position. Submissions posted by users on the BeED Site is not official BeED material and shall not be copied, quoted or otherwise reproduced and is not to be used in promoting, nor should it be relied upon in using the Products.
You agree to indemnify and hold us harmless against any claim or action brought by third parties arising out of or in connection with any messages, comments, reviews and testimonials posted by you on the BeED Site, including the violation of their privacy or Intellectual Property rights.
You will be required to provide a username and password as part of our security measures in registering you on the BeED Site. You are solely responsible for the security and secrecy of your username and password and should not provide this information under any circumstances to anyone not expressly authorised by you to use your account. You accept sole responsibility for any act, omission or negligence in relation to the use of your account. You must immediately change your password if you have any reason to believe that your password has been compromised. BeED shall not be liable for any loss or damaged suffered by you in relation to the use of your account.
Most mobile devices provide you with information about permissions that you may grant to us for your device when you use BeED apps. Please refer to your mobile device's manual for more information and instructions on permissions.
Where you fail to do so and such failure results in delay in, suspension or termination of your account, or access to the BeED Site and the related services or any portion thereof, BeED shall not be obliged to extend the period for access to your account, the BeED Site nor shall be liable for any loss or damages arising from such delay, suspension or termination.
The BeED Site and the Content are provided on an “As is”, “With all faults” and “As available” basis. BeED and our Affiliates, our directors, officers, agents, joint ventures and employees make no warranties whatsoever and hereby disclaim all warranties (express, implied or statutory) including but not limited to any warranties on the accuracy, merchantability, suitability or fitness for a particular purpose, or non-infringement of intellectual property and completeness, accuracy, reliability or validity of the Products, information, Content and materials at the BeED Site. BeED does not promise that the BeED Site or any Content, Product description, information, material or feature of the BeED Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the BeED Site will provide specific results.
BeED attempts to be as accurate as possible. However, BeED does not control and is not liable to or responsible for the validity, accuracy, suitability, quality, safety, correctness, reliability, stability, description, lawfulness or availability of the Products offered for sale on the BeED Site. BeED does not represent or warrant that the manufacture, importation, offer, display, purchase, sale and/or use of the Products or related services offered or displayed on the BeED Site does not violate any third party rights or relevant laws and BeED does not make any representation or warranties of any kind concerning any Product offered or displayed on the BeED Site. If a Product offered on the BeED Site is not as described, your sole remedy is to return it in unused condition in accordance with the Cancellations and Returns Policy.
You acknowledge that you are fully assuming the risks of conducting any purchase and sale transactions in connection with using the BeED Site or related services, and that you are assuming the risks or liability or harm of any kind whatsoever in connection with subsequent activity of any kind relating to the products including but not limited to the delivery of the Products or related services (including taxes and issuance of tax invoices) that are the subject of transactions using the BeED Site and the usage of the Products. You agree that BeED and BeED Site shall not be liable or responsible for any damages, claims, liabilities, errors, inaccuracies, costs, harms, inconveniences, business disruptions, delays in delivery of the Products or expenditures of any kind that may arise as a result of or in connection with any such risks.
BeED does not guarantee continuous, uninterrupted or secure access to any part of the BeED Site, and operation of BeED Site may be temporarily suspended or interrupted for maintenance (whether routine or non-routine), error correction, upgrade or other changes, or interfered with by numerous factors outside of our control. BeED does not ensure that any files or other data downloaded from the BeED Site and/or BeED Marketplace will be free of contamination, virus or destructive features. BeED will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but BeED makes no representations or warranties regarding the amount of time needed to complete processing because these are dependent upon many factors outside of our control, such as delays in the banking system, communications or mail service.
BeED may make changes to the information, content, materials or feature at the BeED Site, or to the products and prices described in them, at any time without notice. The information, content or materials at the BeED Site may be out of date, and BeED makes no commitment to update the information, content or materials at the BeED Site. Content, materials or information published at the BeED Site may refer to products, programs or services that are intended for use only in a particular country and may not be used or relied upon in any other country save where otherwise provided.
Your remedy against BeED for dissatisfaction with the BeED Site, the BeED Marketplace or any Content, information or material is to stop using the BeED Site, the BeED Marketplace or any such Content, information or material.
BeED shall not be responsible for disputes between one or more users, or an outside party. If you have a dispute with another user, you release BeED, BeED Marketplace, BeED Site, our Affiliates, officers, directors, agents and employees from any and all claims, demands and damages of any kind and nature, known and unknown, arising out of or in any way connected to such dispute.
Upon the happening of any one of these events, BeED may at its discretion fully or partially suspend delivery/performance while such event or circumstances continues or terminate any order request so affected with immediate effect by written notice to you, and BeED shall not be liable for any loss or damage suffered by you as a result thereof.
In no event will BeED, BeED Site, our Affiliates, and our officers, directors, agents, joint ventures or employees mentioned at the BeED Site be liable for any special, direct, indirect, incidental, punitive, aggravated, exemplary or consequential damages or any damages whatsoever including without limitation, those resulting from injury, medical condition, illness, loss of profits, damages, data or interruption arising or resulting from any of the following:
Notwithstanding any of the foregoing provisions, our liability and that of our Affiliates, our directors, officers, agents, joint ventures and employees to you or any third parties in any circumstances is limited to the actual amount of monies you have paid for the Products during the calendar year, or the net amount owed to you during the calendar year, as the case may be. In both instances, the amount payable shall not exceed Ringgit Malaysia (RMxxx). All claims arising from the use of the BeED Site and/or related services must be by way of notice in writing to us of such claim, specifying in reasonably sufficient detail the nature of the claim and so far as is practicable the amount claimed in respect thereof, and shall be served within one (1) year from the date of the event/omission giving rise to the claim. Failing which you are deemed to irrevocably waive any such entitlement, right and pursuit of any such claim.
In addition, you agree to release, defend, protect, indemnify and hold BeED, our Affiliates, and our officers, directors, agents, joint ventures and employees harmless from any and all claims, costs, losses, demands, penalties, damages, expenses, fines or other liabilities of any nature, arising in any manner out of the your acts, omissions or negligence, or those of your employees, agents or contractors, whether in tort, contract or otherwise, including:
You hereby agree that BeED shall not be responsible and shall have no liability to you, for any material posted by others, including defamatory, seditious, vexatious, offensive or illicit material and the risk of damages from such material rests entirely with each user. BeED reserves the right at our own expense to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with BeED in asserting any available defences.
BeED reserves the right to take appropriate action where necessary and without notice at any time including but not limited to remove all or any information, content or material from the BeED Site, to disallow the use of the BeED Site in connection with the information, content or material that is claimed to be infringing, to modify or change the BeED Site or any portion of the BeED, and any terms or policies, to modify, suspend or terminate the operation or access to the BeED Site or part of the BeED Site.
BeED may terminate your account without prior notification. You can terminate your account at any time by writing to email@example.com. Please refer to Section 10 (Breach and Infringement) for further details on dealings with accounts.
In event of any dispute between BeED and you arising out of or in connection with your use of the BeED Site and/or the BeED Marketplace, the parties shall endeavour in good faith and promptly, to resolve any such dispute. If the parties are unable to resolve the dispute within sixty (60) days, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of BeED to seek recourse in the courts of law, including commencing a legal action without resorting, convening or participating in any such mediation as stated herein.
Where there is dispute between a merchant and customer, because BeED is not the agent of the merchant or customer, BeED will not act as either party's agent in connection with resolving any disputes between the parties related to or arising out of any transaction. BeED urges merchants and customers to cooperate with each other to resolve such disputes.
Any feedback you provide at this BeED Site is non-confidential.
All legal notices or demands to BeED shall be made in writing and sent to BeED personally, by courier or certified mail to Beeducation Adventures Sdn. Bhd., D-06-03 & D-06-3A, Sky Park @ One City, Jalan USJ 25/1, 47650 Subang Jaya, Selangor, Malaysia. The notices shall be effective when they are received and acknowledged receipt by BeED in any of the above manner.
All legal notices or demands to you shall be effective if either delivered personally, by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by you to BeED. Notice to you shall be deemed to be served upon and received by you if and when BeED is able to demonstrate that communication whether in physical or electronic form has been sent to you.
All agreements, notices and other communications that BeED sends to you electronically satisfies the legal requirement for communication to be in writing.