Terms & Conditions
These Terms & Conditions were last updated on Fri, 12 Oct 2018
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Welcome to the LandMiles App. We, Landmiles Mobile Sdn Bhd and its affiliates (“Landmiles” or “the Company” or “we” or “us”) offer to you, the users of www.landmiles.com.my (“the Website”) and/or the Landmiles’ mobile application (“the Application”) (collectively known as “the Services”) various value deals and vouchers offered by our partners in exchange of you using the Services.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY STOP USING THE APP AND DO NOT USE ANY LANDMILES SERVICE, PARTICIPATE IN ANY PROGRAM OR SERVICE OFFERED THROUGH THE APP.
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to LandMiles.
LandMiles is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The LandMiles app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the LandMiles app won’t work properly or at all.
You should be aware that there are certain things that LandMiles will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but LandMiles cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, LandMiles cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, LandMiles cannot accept responsibility
With respect to LandMiles' responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. LandMiles accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. LandMiles does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Disclaimer of Warranty
As permitted by applicable law, you expressly agree that use of the app is at your sole risk. Neither LandMiles, nor its subsidiaries or affiliates or any of their respective employees, agents, merchants, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that use of the app will be uninterrupted, secure, virus-free, or error free, nor do they make any warranty as to:
- The results that may be obtained from use of the app
- The accuracy, completeness, or reliability of
- The content on the app, including, without limitation, merchant offerings, products, or other available programs
- Descriptions of merchant offerings, products, or other available programs
- User content provided through the app.
The app and all content, user content and other information contained on the app, merchant offerings, products and other available programs accessible or available through the app, are made accessible or available on an "As Is" and "As Available" basis. To the extent allowed by applicable law, LandMiles hereby disclaims any and all representations, warranties, and conditions, whether express, implied, or statutory, as to the operation of the app or the content, user content, or other information contained on the app or the merchant offerings, products, or other available programs accessible or available through the app, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing. The warranty limitations in this section are not intended to limit any warranty provided directly by a merchant or by the applicable manufacturer of physical products or any express representations or warranties by LandMiles that are included in other applicable terms.
Limitation of Liability
As permitted by applicable law, in no event shall Landmiles, its subsidiaries or affiliates or their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees, or agents, be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following:
- Your use of the site, the content, user content, including, without limitation, any personal information, and any other information either contained in the app or submitted by you to the app;
- Your inability to use the app;
- Modification or removal of content submitted on the app;
- The merchant offerings, products, and other available programs accessible or available through the app;
- Any products or services purchased or obtained directly from a merchant;
- These terms and conditions;
- Any improper use of information you provide to the app, including, without limitation, any personal information.
In no event will LandMiles' liability in connection with a merchant offering, product, and other available programs. The liability limitations in this section are not intended to limit any warranty provided directly by a merchant or by the applicable manufacturer of physical products or any express representations or warranties by LandMiles that are included in other applicable terms, nor are they intended to limit remedies you might have for product-related injury.
Electronic Communications
When you use the app or send emails to LandMiles, you are communicating with us electronically and consent to receive electronic communications related to your use of the app. We will communicate with you by email or by posting notices on social network platforms. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the app or from which you otherwise email us.
Websites of Others
The app contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products, or services available on or through any such linked site or resource.
Indemnification/Release
You are solely responsible for your interaction with Merchants and other users of the app. To the extend permitted under applicable laws, you hereby release LandMiles from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the app, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at info@landmiles.com.my.