1.1. Incentives by WOBB (hereinafter "The Company") is the service provider referred herein.
1.2. Any company subscribing to the services of Incentives by WOBB (hereinafter “The Client”) refers to companies registered with Incentives by WOBB’s database for its employees to be eligible for Incentives by WOBB’s special rates or discounts.
1.3. “The User” could be referred to as “The Buyer” refers to the employees of “The Client” and registered users of Incentives by WOBB.
1.4. “The Merchant” is the party who offers preferred rates, discounts and promotions for its products or services via The Company.
1.5. “The Merchants” could be referred to as “The Seller” in the event a sale and purchase transaction is being carried out between The Merchant and The Buyer (Employees of the respective clients).
1.6. The Company's terms and conditions stated herein will take precedence: Merchants, purchasers and/ or clients may buy on his own terms and conditions. However this can only be carried out based on the terms agreed between The Company and the said merchants, purchasers and/ or clients.
2. PRICE / RATES
2.1. Preferred rates / discounts / promotions of The Merchants shall be published on The Company’s portal accessible by The Users.
2.2. Charges or payments by The Buyer, being registered users of Incentives by WOBB’s portal, will be paid directly to The Sellers at an agreed price / rate as indicated on the portal.
2.3. The Company shall not receive any payment on behalf of The Merchants and/or the users unless explicitly indicated.
2.4. Any such agreed discounted rate shall be treated as the basis of transaction for the time being that such rate shall be applicable.
2.5. The Company shall in its best effort negotiate for preferred rates / discounts / promotions from The Merchants for The Clients / The Users; however, will not guarantee the availability and continuity of such rates throughout contract duration as it is the prerogative of The Merchant to extend such rates / discounts.
The Company shall not be held liable for any losses incurred.
3. TRANSACTION BY HARDCOPY VOUCHER
3.1. The Company shall ensure the availability, accessibility and attainability of such vouchers as displayed on Incentives by WOBB on a best effort basis.
3.2. The usability and/ or the validity of any such vouchers are the responsibility of The Seller; and Incentives by WOBB shall not be held responsible in any circumstances.
3.3. In the event such vouchers are not usable and/ or valid, liability shall rest solely on The Seller.
4. TRANSACTION THROUGH SMARTPHONES
4.1. The Company shall ensure the convenience and usability of any transaction entered into using such means on a best effort basis.
4.2. The usability and/ or the validity of evidence of The Company’s registered users via Smart Phone are the responsibility of The Seller; and Incentives by WOBB shall not be held responsible in any circumstances.
4.3. The Seller will be held solely liable for the invalidity and/or failure of delivery and/ or completion of such transaction.
5.1. The Personal Data Protection Act 2010 shall be observed.
6. DUTIES AND RESPONSIBILITIES OF THE COMPANY
6.1. The Company shall ensure best effort in publishing The Merchants’ most updated agreed corporate rates and discounts on its portal.
6.2. The Company shall provide a platform for The Client to maintain its employee list (i.e: The Users) to be eligible to sign-in to utilize Incentives by WOBB’s portal / services.
6.3. The above platform shall be in the form of a web page tailored according to the needs and demands of the respective Client with appropriate fees as stipulated by The Company.
7. DUTIES AND RESPONSIBILITIES OF THE CLIENT / THE USER
7.1. The Client / User warrant that any information provided in relation to any sale and purchase transaction for the purposes of this agreement is accurate.
7.2. The Client shall be responsible to ensure that its employee list (I.e: The Users) are updated in the system accordingly. The Company shall not be held responsible for any additional billing as a result of employee list not updated in the system.
8. EFFECTIVE DURATION AND CANCELLATION
8.1. In the event cancellation of contract, the cancellation shall only be effective from the day that cancellation is effectively communicated through means prescribed by The Company. Any transaction entered prior to the cancellation shall remain effective and unaffected.
9. WARRANTIES AND LIABILITY
9.1. The Client shall ensure that services of The Company shall not be misused in any form by The Users it registers.
9.2. Any dispute arising from the sold products and/ or services will be at the sole responsibility and liability of The Seller; and Incentives by WOBB shall not be held liable of any losses.
9.3. The Company shall not be held to be liable and/responsible for the financial and/or non-financial losses incurred by The Client or The User as a result of the said agreement and/services provided.
10. FORCE MAJEURE
10.1. The Merchants will not be liable for defects in goods and/or prevention of delivery of goods/ services, in accordance with the terms, arising out of unforeseen circumstances beyond the control of the parties.
11. INTELLECTUAL PROPERTY
11.1. Where goods sold are subjected to the protection of law that governs intellectual property, The Purchasers shall not violate any rights protected under such laws.
12.1. If there arises a dispute, this clause allows for the possibility of settlement out of court through mediation and/or arbitration, or any other method the parties to this agreement shall agree upon. Failing which, a dispute will be referred to the appropriate Malaysian courts.
13.1. This agreement shall be governed by Malaysian Law.