Brand 

Terms and Conditions


Welcome to OtomateMe.com, a platform wholly owned and operated by Otomate Me Sdn Bhd, hereafter known as “company”. OtomateMe.com provides a means to enable an individual(s) (“member(s)”) to utilize their smart e-commerce platform which integrates behavioral science and technology. The platform is able to quantify habits, predict, schedule, and automatically replenish the everyday recurring essentials of its members before they run out. Delivery of products is also fulfilled by the company’s appointed logistics partners and subcontractors.

The services as mentioned above shall collectively be defined as “services”. These terms and conditions shall govern your use of and participation as a member of the Otomate Me community.

General

  1. Below are the terms and conditions of OtomateMe.com, a platform which integrates behavioral science and technology to quantify habits, predict, schedule, and automatically replenish the everyday recurring essentials of its members before they run out. The purchasing, automation, and subsequent fulfilment concept and platform “platform” is owned and operated by Otomate Me Sdn. Bhd. (company no. 1188738-M), which is incorporated in Malaysia. By submitting your information and using Otomate Me services, website, and products, you are legally and automatically bound to these terms and conditions without conditions.
  2. By virtue of your sign up and/or usage, you accept all terms and conditions of the OtomateMe.com platform. This means that you wholly understand and agree to the terms and conditions set forth on the OtomateMe.com platform and are within full capacity to operate your purchases on OtomateMe.com and with Otomate Me Sdn. Bhd for its services and/or products.
  3. Otomate Me Sdn Bhd has the sole authority to deny fulfilling product delivery of goods outside of postcode locations not listed in the website. A delivery fee of RM5 per order will be imposed insofar as the order is within Selangor, and Kuala Lumpur, Malaysia. For out of state and overseas orders, delivery fees will vary.
  4. Once goods have been delivered and Delivery Order signed - confirming that goods have been received in good condition, Otomate Me Sdn Bhd is released from all liability for any damages once all products have been transferred to the customer. Please read these terms and conditions carefully before signing up and using the services. If you do not agree to be bound by these terms and conditions, please do not use or access the OtomateMe.com platform.
  5. These terms and conditions, and its updates are subject to the discretion of the Otomate Me Sdn. Bhd. management team at any time. OtomateMe.com reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will take effect from the moment it is live on the OtomateMe.com platform without prior notice given. Please check these Terms and Conditions of use regularly should you like to keep up to date with any changes. You are bound by all amended terms or updates which become effective upon sign up. Continued usage of OtomateMe.com constitutes your acceptance to those changes.

Contract between Otomate Me and Individual Customers

By using the OtomateMe.com website you acknowledge that a contract is formed when you place and submit your order. This virtual contract in effect means that you expressly agree for Otomate Me Sdn Bhd to purchase and deliver the goods to you at the rates listed and current price of delivery.

Payment for the goods will be done online via Otomate Me’s payment service provider(s) - Braintree and Billplz Sdn. Bhd., and can be made through credit card, debit card, or bank transfer as provided and integrated in the OtomateMe.com website. Should any dispute arise, the onus is on the member to notify OtomateMe.com and supply proof of notification should the need arise, in order to give OtomateMe.com a fair opportunity to resolve aforementioned disputes.

Acceptable Use Policy

Members of OtomateMe.com may not in any way utilize the online platform for any activity that:

  1. Violates any state and federal law or government regulation in Malaysia
  2. Violates any rule or regulation stating the acceptable code of conduct enforced by OtomateMe.com on its employees
  3. Violates any rule or regulation by Visa, Mastercard or any Credit Card Network that is utilized by OtomateMe.com on its platform for payment use
  4. Violates any rules or regulations dictated by our payment service provider
  5. Is fraudulent, deceptive, unfair or predatory
  6. Causes or threatens reputational damage to OtomateMe.com, any Credit Card Network as utilized by the site, or third party logistic partners
  7. Results in or creates significant risk of chargebacks, penalties, damages or other harm or liability

Members of OtomateMe.com agree to:

  1. Provide accurate and current information about yourself, and to update such information as soon as humanly possible should changes arise
  2. Be solely responsible for the safekeeping of all information related to ones OtomateMe.com account
  3. Notify Otomate Me Sdn. Bhd. for any unauthorized use of your account which includes but not limited to making a purchase with your tokenized card.
  4. Absolving OtomateMe.com and Otomate Me Sdn. Bhd. of all liability associated with any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section - fraudulent activity notwithstanding.

Termination and Suspension

OtomateMe.com reserves the right to terminate or suspend your right to use OtomateMe.com in the event we believe that you have breached this Agreement by providing you with a written or email notice of such breach/termination/ suspension that will be effective immediately upon delivery. If your right to use OtomateMe.com is terminated or suspended, this agreement will remain enforceable against you. You may terminate this agreement at any time by ceasing all use of the OtomateMe.com platform and its services. All sections which by their nature should survive the expiration or termination of this agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement.

Eligibility and Representations

  1. Our services at OtomateMe.com and through the OtomateMe.com platform are available only to, and may only be used by members 18 years of age and above. By signing up and/or participating as a partner of OtomateMe.com, you represent and warrant that you meet this requirement. You also expressly agree that you are as you claim on your identification card when purchasing and accepting delivered goods.
  2. Your information is any information you provide, publish or display ("publish") to the OtomateMe.com platform including, but not limited to any public message area (example: feedback section) or through any email feature ("your information"). All information which you submit to OtomateMe.com and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property to be collected, stored, and retained and shall not be returned to you. Should you have interest to review the Personal Data Protection Act 2010, a copy of the act is available for view at the library records of the Bar Council of Malaysia or online. In addition to the rights applicable to any Submission, when you post comments or reviews to OtomateMe.com, you also grant us the right to use the name that you submit, in connection with the preorder, order, review, comment, or other content. You shall not use a false e-mail address or impersonate other citizens of any country or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions. Your information will be stored on computers and in our business server.
  3. By signing up in the OtomateMe.com platform and/or using the services, you explicitly agree that we may obtain personal information including and without limitation to your identification, contact details and addresses, product usage patterns, references and/or credit information in order to fulfill our role as a platform which purchases, sells, reminds, and delivers goods which you have ordered to you at your choice of delivery location. You hereby authorize OtomateMe.com and Otomate Me Sdn. Bhd. to perform necessary predictive analytics pertaining to your product usages for its purposes, and further agree to provide any necessary authorization to facilitate our access to necessary information for the purposes of the business of OtomateMe.com.
  4. You are solely responsible for your information and your interactions with other people (should there be any) on the OtomateMe.com platform. You also agree that Otomate Me Sdn. Bhd, participants in the OtomateMe.com platform and the public may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate your use of the services with immediate effect and without notice to you.
  5. You are allowed to one OtomateMe.com account on the OtomateMe.com platform or authority over one OtomateMe.com account thereon. You are also solely and fully responsible for all activities that occur under your password or account.
  6. OtomateMe.com represents that it has no control over the use of its members account at all times and expressly disclaims any or all liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, once more, you must contact the OtomateMe.com administrators immediately. OtomateMe.com and Otomate Me Sdn. Bhd. reserves the right to take any legal action against you for misrepresentation for any loss or damage suffered as a result of any misuse or abuse of your account.
  7. OtomateMe.com tries its best to protect the privacy of any data exchange in the OtomateMe.com platform from misrepresentation, third party abuse or internal hacking but shall not be liable or claims no admission to liability in the event of any damage or loss occurs to its members. All data exchange outside the OtomateMe.com platform between its members and any other person whom is a third party partner or claims to be so is strictly at the risk of the member.
  8. By using the OtomateMe.com platform and its services, you as the member, represents, warrants and agrees that:
  9. you have made all necessary checks before pledging to an any order on the OtomateMe.com platform;
  10. you will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws including being involved in any criminal, fraud or unlawful activities;
  11. you are solely responsible and shall indemnify all claimants including Otomate Me Sdn. Bhd. and its representatives against any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving OtomateMe.com, the OtomateMe.com platform in the placement of your order to the delivery of products mentioned in the order for the member at all times;
  12. you shall not treat, name or hold OtomateMe.com or Otomate Me Sdn. Bhd. responsible for any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving OtomateMe.com.

Independent Contractors

  1. All third party logistic partners are independent contractors of Otomate Me Sdn. Bhd. only.
  2. The third party logistics partner(s) and any other individually commissioned individual's relationship through the OtomateMe.com platform and with Otomate Me Sdn. Bhd. shall be treated as neither a partner nor an employee of Otomate Me Sdn. Bhd. . Third party logistic partner(s) and any other individually commissioned delivery individuals shall be responsible for all taxes in respect of fees and monies and his own social security contributions and the third party logistic partner(s) and any other commissioned delivery individuals undertakes to compensate Otomate Me Sdn. Bhd. in full on demand for any liability it and its representatives suffer if the Malaysian Inland Revenue Board or other relevant government department treats the independent contractor in this case as an employee for the purposes of taxation and/or social security
  3. By being an independent contractor, Otomate Me Sdn. Bhd. is entitled to submit any necessary information and document collected to the Malaysian Inland Revenue Board or any other government department without needing a court order for the purposes of resolving any issue faced in respect to the independent contractor.

Otomate Me Order Acceptance, Pricing and Fees

  1. As a member, you will be charged the specified delivery fee per delivery for any amount ordered
  2. Please note that there may be cases where an order cannot be processed for various reasons (example: an unforeseen technical glitch)
  3. OtomateMe.com reserves the right to refuse or cancel any order for any reason at any time. You may be asked to provide additional verification information before we can proceed with the order.
  4. Pricing of the goods on OtomateMe.com are regulated by the team and may be subject to change from time to time. In the event of an error in pricing, OtomateMe.com will honor the lower price stated for our members benefit.

Restricted Activities

  1. You agree that you will use the services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate, inform other members in the OtomateMe.com platform if you have misused the OtomateMe.com platform or our services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
  2. With respect to your participation on the OtomateMe.com platform or through the services, you agree that you will not:
  3. impersonate any person or entity;
  4. express or imply that any statements you make are endorsed by us, without our specific prior written consent;
  5. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the services or its contents;
  6. publish, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
  7. remove any copyright, trademark or other proprietary rights notices contained in the service;
  8. interfere with or disrupt the services or the OtomateMe.com platform or the servers or networks connected to the services or the OtomateMe.com platform;
  9. post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  10. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the service;
  11. "frame" or "mirror" any part of the service, without our prior written authorization or use meta tags or code or other devices containing any reference to us or the services of the OtomateMe.com platform in order to direct any person to any other web site for any purpose; or
  12. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the services or any software used on or for the services or cause others to do so.
  13. You further agree that your information and your interactions with Otomate Me Sdn. Bhd, on or through the OtomateMe.com platform shall not:
  14. be false, inaccurate or misleading (directly or by omission or failure to update information);
  15. Infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  16. violate any law, statute, ordinance or regulation or do anything that becomes a restricted activity as per this terms of service;
  17. be anything expressly or impliedly defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;
  18. contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
  19. contain any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  20. create liability for us or cause us to become subject to regulation as a delivery carrier or provider of a similar service; or
  21. link directly or indirectly to any other web sites.
  22. allow any transfer, use, or sell your OtomateMe.com account and/or id to any another party.
  23. cause or allow to cause any infringement of policies, terms of service, terms and conditions and written agreements of OtomateMe.com and Otomate Me Sdn. Bhd.

We reserve the right, but we have no obligation, to reject or take action against any individual that does not comply with these prohibitions.

Terms of Payment

  1. Partners, clients, or members of the OtomateMe.com community may be expected to pay in advance for the services through the OtomateMe.com platform or in cash. In the event that neither applies, advance future payments shall be completed by the customers vide the designated method as prescribed in the Otomateme.com website or Otomate Me Sdn. Bhd. invoices.
  2. All other invoices issued through the OtomateMe.com platform or by Otomate Me Sdn. Bhd. must be paid within 14 days of the date of invoice unless otherwise agreed in writing by the Otomate Me Sdn. Bhd. In the event of late payment, a late payment interest shall be automatically levied on the amount outstanding before and after judgement at the rate of 1% of the total invoice sum per day and shall be in force from the due date until the date of payment. In addition, invoices unpaid for more than 30 days after the invoice date will incur an automatic penalty surcharge of 10% of the outstanding amount (including the compounding interest).
  3. If any amount of an invoice is disputed then the recipient shall inform OtomateMe.com or Otomate Me Sdn. Bhd. in writing of the grounds for such dispute within 3 working days of delivery of the goods, failing which acceptance is deemed by the issuer.

By using OtomateMe.com you will be required to provide your bank account details and/or credit/debit card to OtomateMe.com and to the Payment Service Provider utilized by the company. All members and clients will be responsible for paying the invoice of each order which may include:

  1. Pricing of items stated in the invoice
  2. The delivery fee as included in the invoice
  3. Any service fee as included in the invoice
  4. Any additional taxes as imposed by the Malaysian government where relevant and required

By agreeing to use OtomateMe.com, you agree to make online payments through OtomateMe.com payment service provider Braintree and Billplz Sdn. Bhd. and thereby agree to their terms of service here: Braintree's Acceptable Use Policy, and here: Billplz’s User Agreement

Delivery

  1. All deliveries of the products purchased shall be made to the address specified by the member in its order.
  2. Otomate Me Sdn. Bhd. reserves the right to sub-contract any or all of its obligations for the delivery of the goods to any subcontractor or third party logistics company without the need to inform its members.
  3. Any dates quoted for the purpose of delivery are an estimate and have potential to be subject to delays due to unforeseen circumstances such as bad weather or otherwise. Otomate Me Sdn. Bhd. shall not be liable for any delay in delivery or damage caused should the items be delivered by a third party not employed directly by Otomate Me Sdn. Bhd.
  4. Items damaged during transportation by sub-contracted third party logistic individual(s)/company and not staff (employees on Otomate Me Sdn. Bhd. direct payroll) must be claimed from the sub-contracted third party logistics individual(s)/company. You agree to absolve Otomate Me Sdn. Bhd. from any wrongdoing or mismanagement should items delivered by third party logistics individual(s)/company be delivered in poor conditions.
  5. Should members not be available to receive their goods during delivery for any reason, Otomate Me Sdn. Bhd. will charge a resending fee of RM5 per re-delivery to the original delivery location as provided by the member during their sign up, cart page, and check-out page process.

Delivery of Goods to Sunway PopBox

  1. All deliveries of the products purchased shall be made to the address specified by the member in its order. For all deliveries of goods to Sunway PopBox, deliveries will be made to the location specific to the student who placed the order.
  2. Otomate Me Sdn. Bhd. reserves the right to sub-contract any or all of its obligations for the delivery of the goods to any subcontractor or third party logistics company without the need to inform its members.
  3. Any dates quoted for the purpose of delivery are an estimate and have potential to be subject to delays due to unforeseen circumstances such as bad weather or otherwise. Otomate Me Sdn. Bhd. shall not be liable for any delay in delivery or damage caused should the items be delivered by a third party not employed directly by Otomate Me Sdn. Bhd.
  4. Items damaged during transportation by sub-contracted delivery individual(s) and/or third party logistic individual(s)/company and not staff (employees on Otomate Me Sdn. Bhd. direct payroll) must be claimed from the sub-contracted third party logistics individual(s)/company. You agree to absolve Otomate Me Sdn. Bhd. f rom any wrongdoing or mismanagement should items delivered by third party logistics individual(s)/company be delivered in poor conditions.
  5. In partnership with Sunway Monash Residence and Sunway PopBox Sdn. Bhd., the aforementioned partners will not be held liable for any damage, misappropriation, or delay in delivery of the personal care and household care goods ordered by the residence and students of Sunway Monash Residence and staff of the Sunway Education Group.
  6. Should members not be available to receive their goods during delivery for any reason, Otomate Me Sdn. Bhd. will charge a resending fee of RM5 per re-delivery to the original delivery location as provided by the member during their sign up, cart page, and check-out page process.

Insurance

  1. At OtomateMe.com, we do not procure insurance for, nor are we responsible for instances of personal loss or injury, and property loss or damage experienced during your participation with the platform OtomateMe.com or Otomate Me Sdn Bhd. This effectively means that upon Otomate Me Sdn. Bhd. receiving full payment and delivery successfully made, Otomate Me Sdn. Bhd. is not liable for any losses its members may suffer thereafter due to any unforeseen circumstances during transportation and receipt of goods.
  2. OtomateMe.com and/or Otomate Me Sdn. Bhd. reserves the right to recover compensation or claim indemnity against its members and/or partnered third party logistics partner for direct or indirect damage or loss suffered including but not limited to legal fees, should it arise at any point.

Warranties, Exchange, and Return Policies

  1. OtomateMe.com is not responsible for any warranties for goods sold on the OtomateMe.com platform. All warranties, if any and applicable, need to be claimed and/or used/brought back to the original manufacturer of the goods to be reviewed.
  2. Otomate Me Sdn. Bhd. binds itself only to deliver the goods in accordance with the general description under which they are sold.
  3. Otomate Me Sdn. Bhd. shall be under no liability for measures taken by its members or others to remedy any possible defects or addition/insertion of parts, liquids, or other materials which did not originate from the OtomateMe.com platform.
  4. Otomate Me Sdn. Bhd. practices a no exchange and/or return policy as goods delivered to the customer are of personal care nature. Should there be any issues arising from a damaged or defect product, kindly notify the Otomate Me team in writing within 7 days from date of receipt of the goods. Should the notice not arrive within the 7 days of receipt, you agree that OtomateMe.com and Otomate Me Sdn. Bhd. cannot be held liable for claimed issues at hand.

Force Majeure

Otomate Me Sdn. Bhd. shall not be liable to its members or deemed to be in breach of the Contract by reason of any delay in performing its obligations to the utmost of its abilities if the delay or failure was due to any cause beyond Otomate Me Sdn. Bhd’s reasonable control. Such circumstances include but are not limited to: power outages, machinery failure, national security threats, dangerous weather threats or labor related issues which may interrupt production or operations. Upon the happening of any of the above events, Otomate Me Sdn. Bhd. may elect to fully or partially suspend delivery routes or packages while such event or circumstances persists. Otomate Me Sdn. Bhd. reserves the right to terminate the Contract affected with immediate effect by written notice to the purchasing member and shall not be held liable should any losses or damages be suffered by the member.

Social Media and Networking Sites

  1. As part of the functionality of the OtomateMe.com platform, you may be able to login through online accounts you may have with third party service providers (each such account, a “third party account”) by either providing your third party account login information through the OtomateMe.com platform; or allowing OtomateMe.com to access your third party account, as is permitted under the applicable terms and conditions that govern your use of each third party account.
  2. You represent that the OtomateMe.com platform is entitled to disclose your information in the Otomateme.com platform, social media and its networking sites, without breach by you of any of the terms and conditions that govern your use of the applicable third party account and without obligating OtomateMe.com to pay any fees or making OtomateMe.com subject to any usage limitations imposed by such third party service providers. By granting OtomateMe.com access to any third party accounts, you understand that OtomateMe.com may access, make available and store (if applicable) any content that you have provided to and stored in your third party account (the “social networking site/sns content”) so that it is available on and through the OtomateMe.com platform via your account, including without limitation any friend, contacts or following/followed lists, and OtomateMe.com may submit and receive additional information to your third party account as indicated herein.

Otomate Me E-mail and Text Communications

E-mail communications and text messages sent from or through the OtomateMe.com platform or Otomate Me Sdn. Bhd. are designed to make your OtomateMe.com experience more efficient and enjoyable. By becoming a member, you specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us or through us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about your upcoming deliveries, promotions, and information informing you of new and existing features we provide. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. OtomateMe.com reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, please do not use the services or sign up on the OtomateMe.com platform.

Information Control

  1. Precise delivery location data is required to be submitted to the OtomateMe.com platform and Otomate Me Sdn Bhd in order for timely and accurate deliveries to be executed at the agreed upon time window by the member and platform.
  2. Inaccurate or incomplete delivery location data may lead to delivery delays and or deliveries needing to be postponed to a later date/next day. An additional delivery fee of RM5 will be levied on the member for every redelivery required to be executed.
  3. Any of your information, including geolocational data, you upload, provide, or post on the OtomateMe.com platform may be accessible to certain spaces in the OtomateMe.com platform. We cannot verify or guarantee the accuracy of the information a member provides us on the OtomateMe.com platform. Please use caution and common sense when using the OtomateMe.com platform. Please note that OtomateMe.com and Otomate Me Sdn Bhd will take the necessary steps to secure the OtomateMe.com platform; however, risks of cyberattacks, phishing, or malicious activity may ensue; in which case, the member agrees to absolve OtomateMe.com and Otomate Me Sdn Bhd of all liability and blame should such an occurrence happen.
  4. The member agrees that such coordinated attacks are unforeseen and understands that OtomateMe.com and Otomate Me Sdn Bhd holds your personal information in a secure server which may be open to attacks and breaches.
  5. By using the OtomateMe.com platform, you agree to accept such risks and OtomateMe.com or Otomate Me Sdn Bhd is not responsible for the acts or omissions of others on the OtomateMe.com platform or server(s).

Proprietary Rights

  1. Otomate Me Sdn. Bhd. owns and retains ownership of the OtomateMe.com platform, and all intellectual property therein. Contingent upon your compliance with the terms and conditions of this agreement, OtomateMe.com hereby grants to you a limited, non-transferable, nonexclusive, non-assignable, revocable license to use the OtomateMe.com platform on any desktop or mobile device that you own or control and as permitted by these terms and conditions of service. You may not rent, lease, lend, sell, redistribute or sublicense the OtomateMe.com platform. You may not copy (except as expressly permitted by this license and the usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the OtomateMe.com platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of OtomateMe.com and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by OtomateMe.com that replace and/or supplement the OtomateMe.com platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
  2. You warrant and represent to us that your information is placed and uploaded by you and that you are the sole author of your information. To enable the OtomateMe.com platform to use your information without violating any rights you might have in such information, you automatically grant, and you represent and warrant that you have the right to grant, to us and Otomate Me Sdn.Bhd., a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in your information and your content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to your information. OtomateMe.com will only use your information and content in accordance with our privacy policy. You may remove your content or your information from the OtomateMe.com platform at any time. If you choose to remove your content or your information, the license granted above will automatically expire, however you acknowledge that OtomateMe.com may retain archived copies of your content. OtomateMe.com does not assert any ownership over your content; rather, as between us and you, subject to the rights granted to us in these terms of service, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content.

Notices, Complaints

  1. Except as explicitly stated otherwise, any notices to OtomateMe.com shall be given by certified mail, postage prepaid and return receipt requested to:
    OTOMATE ME SDN BHD. Unit 07, Level 2, Jalan Tukul N15/N, Seksyen 15, 40200 Shah Alam, Selangor, Malaysia.
  2. Additionally, any notices to you shall be provided to you through the OtomateMe.com platform or given to you via the email address you provide to OtomateMe.com during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to OtomateMe.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
  3. To resolve a complaint regarding the service, you should first contact our customer service department by email at support@otomateme.com. If our customer service department is not able to resolve your complaint within 60 days from the date of the filing, you may write to us officially on the matter at the address above, failing a response within 14 days thereof, file a complaint with the Tribunal For Consumer Complaints Of Malaysia as stipulated in the Consumer Protection Act 1999.

Breach and Indemnity

  1. Without limiting other remedies, we may terminate your participation, remove your information, warn our community of your actions, issue a warning, and refuse to provide our services to you if:
  2. you breach this agreement or the documents it incorporates by reference;
  3. we are unable to verify or authenticate any information you provide to us;
  4. we believe that your actions may cause financial loss or legal liability for you or us, or subject OtomateMe.com or you or any other individual to regulation by any state or local government or regulatory agency; or
  5. if we suspect that you have engaged in fraudulent activity in connection with the OtomateMe.com platform or the services.
  6. You will defend, indemnify, and hold us and our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the service, including:
  7. your breach of this agreement or the documents it incorporates by reference;
  8. your violation of any law or the rights of a third party, including, without limitation, Otomate Me Sdn Bhd, its employees, and other members of the OtomateMe.com platform, as a result of your own interaction with such third party,
  9. any allegation that any materials that you submit to us or transmit to the services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
  10. any other activities in connection with the services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Online Content Disclaimer

  1. OtomateMe.com and/or Otomate Me Sdn. Bhd. do not manufacture any of the goods which are listed as deals or for sale on the OtomateMe.com platform. All information or descriptions listed on the platform are solely information provided by or referred from the supplier or distributor of those goods. Under no circumstances will Otomate Me Sdn. Bhd. or employees of the company be held responsible for any loss or damage resulting from anyone's reliance on information which is posted on the platform, or transmitted to you as the individual member. We reserve the right, to monitor the materials posted in the public areas of the platform and to remove any materials deemed unfit for public viewing. Notwithstanding this right, you remain solely responsible for the content of the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "content") that you post in the public areas of the services and in your private e-mail messages. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
  2. The OtomateMe.com platform contains (or you may be sent through the OtomateMe.com platform or the services) links to other web sites ("third party sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "third party applications, software or content"). Such third party sites and third party applications, software or content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through the OtomateMe.com platform or any third party applications, software or content posted on, available through or installed from the OtomateMe.com platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party applications, software or content. Inclusion of, linking to or permitting the use or installation of any third party site or any third party applications, software or content does not imply approval or endorsement thereof by us. If you decide to leave the OtomateMe.com platform and access the third party sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from the OtomateMe.com platform or relating to any applications you use or install from the OtomateMe.com platform.
  3. In the event that you have a dispute with any of our partners be they suppliers or third party logistic partners, you agree to release OtomateMe.com and Otomate Me Sdn. Bhd. (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with your use of the OtomateMe.com platform or its services. In other words, you are solely responsible for your interactions with all third partner logistic partners used. We reserve the right, but have no obligation, to monitor disputes between you and our partners. Please carefully select the type of information that you post on the OtomateMe.com platform or through the services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other members (including unauthorized members, or "hackers"). OtomateMe.com only offers a means for members to facilitate a transaction which enables them to receive their purchased goods at a discounted price that is delivered by a third party logistic partner of Otomate Me Sdn. Bhd’s choice at any given time. OtomateMe.com does not offer direct delivery services and OtomateMe.com is not a delivery company. We are not involved in the actual delivery provided by our third party logistic partners to customers. As a result, we have no control over the quality or reliability of the delivery that occurs as a result of the service; nor do we have any control over the truth or accuracy of the of customers' information listed on the OtomateMe.com platform. We cannot ensure that a delivery will be without delay should factors such as inaccurate information supplied by the member comes to light. We reserve the right to change any and all content, software and other items used or contained i n the OtomateMe.com platform and the services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Otomate Me Sdn. Bhd. or the OtomateMe.com platform.
  4. The OtomateMe.com platform and the services may be temporarily unavailable from time to time for maintenance or other reasons. OtomateMe.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the customers’ communications. OtomateMe.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet, on the OtomateMe.com platform, on any web site or any combination thereof, including injury or damage to the member’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the services.

Limitation of Liability

  1. We at OtomateMe.com and Otomate Me Sdn. Bhd., our officers, directors, employees and our suppliers provide the OtomateMe.com platform and the services on an "as is" basis and without any warranty or condition, express, implied or statutory. We, our subsidiaries, officers, directors, employees and our suppliers do not warrant that your use of the services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the goods and services will be corrected, or that the services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the OtomateMe.com platform or the services by persons under the age of 18 in violation of this agreement. We are not responsible or liable in any manner for any content posted on the OtomateMe.com platform or in connection with the service, whether posted or caused by members of the OtomateMe.com platform, by OtomateMe.com, by third parties or by any of the equipment or programming associated with or utilized in the OtomateMe.com platform or the services. Although we provide rules and guidelines for our third party logistic partners who conduct the deliveries, we do not control and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter when your goods are delivered. OtomateMe.com is not responsible for the conduct, whether online or offline, of any member of the OtomateMe.com platform or services. It also is possible for others to obtain personal information about you due to your use of the OtomateMe.com platform or the services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the OtomateMe.com platform or through the services.
  2. In no event will we, our officers, directors, employees or our suppliers, be liable to you for any incidental, consequential, or direct damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by our services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with OtomateMe.com, our services or this agreement (however arising, including negligence) even if we or our agents or representatives know or have been advised of the possibility of such damages. We do not screen the pre-orders and orders posted on the OtomateMe.com platform the minute orders are placed and as such cannot guarantee the catching of any malicious acts as they happen. As a result, we will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of OtomateMe.com or the services, including, without limitation, to damages arising out of communicating and/or meeting with our third party logistic partners of OtomateMe.com, or introduced to you via OtomateMe.com or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to up to 10% or the value of the good in question or RM 100.00, whichever is lower.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to OtomateMe.com’s business, operations and properties (“confidential information”) disclosed to you by OtomateMe.com for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any confidential information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of confidential information of OtomateMe.com in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to OtomateMe.com with regard to any confidential information which you can prove: (a) was in the public domain at the time it was disclosed by OtomateMe.com or has entered the public domain through no fault of yours; (b) was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; (c) is disclosed with the prior written approval of OtomateMe.com; (d) becomes known to you, without restriction, from a source other than OtomateMe.com without breach of this agreement by you and otherwise not in violation of OtomateMe.com’s rights; or (e) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to OtomateMe.com to enable OtomateMe.com to seek a protective order or otherwise prevent or restrict such disclosure.

Termination

  1. Either you or we may terminate your participation in the OtomateMe.com platform by removing your information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, we will remove all of your information from our servers, though we may retain an archived copy of records we have about you as required by law or for legitimate business purposes. We maintain sole discretion to bar your use of the services in the future, for any or no reason. Even after your participation in the OtomateMe.com platform is terminated, you remain bound to the terms of confidentiality in this service term and condition.
  2. OtomateMe.com and Otomate Me Sdn. Bhd. may stop any goods in transit should the following scenarios occur:-
    • The member’s card has been declined;
    • The member has breached an obligation under the Contract;

Resolution of disputes and legal claims

Legal disputes or claims between the parties which cannot be resolved informally will be submitted to friendly negotiations first between their legal counsels before further submitting the same for mediation in Malaysia. Parties may elect arbitration or court as the finality of the dispute for a binding decision. In the event of arbitration, the arbitration shall be conducted by the Kuala Lumpur Regional Centre For Arbitration (“KLRAC”) as governed by the Arbitration Act 2005. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to the OtomateMe.com platform and/or the services (including your use of the OtomateMe.com platform and/or the services) be instituted more than 6 years after the cause of action arose.