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Terms

Welcome to Funtora (the “Site”). The following terms and conditions (the "Agreement") form a binding agreement between You and us. Please review the following terms carefully. By using the Site, you are agreeing to these terms, and these terms will govern your use of the Site. If You do not agree to these terms, You must cease use of the Site. The terms "Funtora" or "us" or "we" or "our" refers to Atom Media Sdn.Bhd., the owner and operator of the Site. The term "You" refers to the person accessing or using the Site, or the company or organization on whose behalf that person accesses the Site.

Our Services (“Services”)

Funtora offers consumers with opportunities to experience products and services from local businesses at a discount (a “Deal”) through our website located at www.Funtora.com (the "Site" or "Funtora"). Please read the following terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between You and Funtora and applies to You whether You are a registered user of the Site ("Member") or a non-registered user just browsing (collectively "Funtora Users").

By just visiting Site, You accept our Terms of Service. By using or even just visiting Funtora, You acknowledge your acceptance to both these Terms of Service as well as the terms and conditions of our Privacy Policy, published at http://www.funtora.com/my/about/privacy.php and incorporated in these Terms of Service by reference. If You do not agree to any of these terms or conditions then You may not use Funtora.

We don't have control over websites that Funtora may link to. Funtora may contain links to third party websites that are not owned, operated, or controlled by Funtora. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Funtora you expressly relieve us from any and all liability arising from your use of any third party website.

You are permitted to use Funtora, only if You:

(1) are 18 years of age or older; (2) comply with our Terms of Service; (3) won't copy or distribute any part of any part of Funtora in any medium without Funtora's prior written authorization; (4) don't change any part of Funtora other than in ways that may be reasonably necessary for You to use Funtora for its intended purposes; (5) Provide accurate and complete information when creating an account; (6) Acknowledge You are solely responsible for the activity that occurs while signed in to or while using Funtora; (7) Don't collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes; (8) Don't use the communication systems provided by or contacts made on Funtora for any commercial solicitation purposes; (9) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content; (10) Affirm that You own or have the necessary licenses, rights, permissions, and consents to use and authorize Funtora to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across Funtora; (11) Grant each Funtora user, whether using Funtora or an application developed via a third-party developer, a non-exclusive license to access your submissions through Funtora and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through Funtora's functionality and under these Terms of Service; (12) Will not submit material that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such materials to Funtora; and (13) Affirm we and our parent company have the right to determine whether any of your submissions are appropriate and complies with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Your Account and Funtora Profile

You will need to register by creating an account with us in order to publish Content on the Site. If You choose to create an account or Funtora profile with us, You agree to provide only accurate, complete registration information, and You will keep that information up-to-date if it changes. Access to the Site is not authorized by any other person or entity using your registration information and You are responsible for preventing such unauthorized use.

After You register, You will obtain unique log-in credentials (a "User ID"). You must understand that Funtora relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. Access to the Funtora Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. If someone accesses our Site using a User ID that we've issued to you, we will rely on that User ID and will assume that it is really You or your representative who is accessing the Site. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if You become aware that your User ID is being used without authorization. Individuals and entities who access the Site or use the Services and have previously been terminated by Funtora may not register for an account, nor may You designate any of those individuals to use your account on your behalf.

Rules Regarding Information and other Content

When You use the Site, You can publish and obtain access to various kinds of information and materials, all of which we call "Content". Content also includes information and materials posted to the Site by You. You agree not to revise Content posted by others, and You agree not to post or use any Content in any manner that:

# infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,

# violates the privacy, publicity, or other rights of third parties,

# is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Funtora in its sole discretion; or

# is false or inaccurate; or

# could damage our company, parent company, sister companies, affiliates, advertisers, or other parties; or

# is an advertisement or solicitation from Funtora or Funtora's visitors.

We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) protect and defend our rights or property, you, or third parties, or (c) prevent or investigate any illegal activity. You hereby consent to us sharing your Personal Information under the circumstances described herein. Though we strive to enforce these rules with all of our users, You may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for Your exposure to Content on the Site whether it violates our content policies or not.

General Rules of User Conduct

It is our goal to make the use of our Site and Services a good experience for all of our users, so You agree not to do any of the following:

# Conduct or promote any illegal activities while using the Site or Services;

# Upload, distribute or print anything that may be harmful to minors;

# Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

# Attempt to gain access to secured portions of the Site to which You do not possess access rights;

# Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

# Use the Site or Services to generate unsolicited email advertisements or spam;

# Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or

# Impersonate another user.

Non-Confidentiality and Security

You understand that information that You submit to us, such as Content and your preferences, is submitted precisely for the purpose of disclosure in a variety of media and channels, and therefore such information is not subject to any confidentiality obligation. Funtora will use reasonable efforts to maintain the security and integrity of information You provide to us. However, You acknowledge and agree that Funtora cannot fully eliminate security risks and cannot guarantee that unauthorized access to Your information will never occur.

Password Security

We believe that personal privacy issues are important, so we developed a Privacy Policy to explain how we collect, use and disclose information and Content. The Privacy Policy forms part of our agreement with You and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy. http://www.Funtora.com/my/about/privacy.php

Optional Services

We may also allow access to, or advertise, certain third parties from which You may purchase certain goods or services or Deals related to good and services form these third parties ("Merchants"). You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service related to the products and services they offer. We are not a party to the transactions entered into between You and Merchants. Merchants and other advertisers are also responsible for ensuring that advertisements and other materials submitted for inclusion on the Site are accurate and comply with applicable laws.

Deals

Funtora offers consumers with opportunities to experience products and services from local businesses at a discount (a "Deal"). Merchants are willing to offer discounts because they want your patronage. Most Deals have some initial requirements, such as a minimum number of buyers required for the deal to go active and/or a limit on the number of deals offered.

By placing an order for a given Deal, You make an offer to us to purchase the Deal You have selected on the terms, restrictions and conditions associated with the Deal (such as the Conditions), subject to the initial requirements for that Deal being met. Once You’ve placed your order, You will received a confirmation of your purchased and your credit card will be charged for the amount of the Deal. In case the Deal doesn’t meet the requisite initial requirements (such as the minimum number of people have signed up), the Deal won’t take place, You’ll get a full refund of the fee You paid to your credit card, bank or paypal account.

You are required to create an account in order to purchase any Deal. This is required so we can provide You with easy access to print your Deals, view your past purchases, modify your preferences, and to ensure permissible use of the Deal. A Deal certificate, hereinafter defined as “Coupon” will be issued and used to redeem for goods or services by the Merchant. The Merchant, not Funtora, is the seller of the goods and services and is solely responsible for redeeming any Coupon You purchase. Funtora sells a Coupon that can be redeemed in connection with your purchase of the goods or services from Merchant.

Standard Conditions

Unless otherwise stated in the Coupon or required by law, the following standard terms apply to all Coupons:

# Coupon may be applied only to merchandise sold by Merchant, and may not be applied to sales tax, service charge, shipping or handling charges unless otherwise noted.

# No cash value for any Coupon.

# No cash back upon redemption or at any other time.

# If You redeem the Coupon for less than its face value, You will not be entitled to a credit, cash or new Coupon equal to the difference between the face value and the amount You redeemed, unless otherwise required by law. For example, if You paid $50 for Coupon which entitles You to purchase $100 of product and You make a purchase for $70, You will not be entitled to a credit or cash equal to the difference between the $100 face value and the amount you redeemed. You will not have any redemption value.

# The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.

# Neither the seller nor the Merchant is responsible for lost or stolen Coupon or Coupon's unique reference number.

# Coupon cannot be combined with any other gift certificates, third party certificates, coupons, or promotions.

# The Coupon expires on the date specified on the Coupon, except that the Merchant may continue to redeem the unused cash value You paid for the Coupon (which is usually less than the original face value of the Coupon to the extent required by applicable law).

# Any attempted redemption not consistent with these terms and conditions will render the Coupon null and void to the extent prohibited by law.

# Other restrictions may be noted within the Deal.

# Reproduction, sale or trade of this Coupon is prohibited unless done so in compliance with the law.

Funtora markets the Deals and acts an as agent in selling the Coupons on behalf of the Merchants. But the Merchant is the issuer of the Coupon. As issuer of the Coupon, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Coupons. By purchasing a Deal, a customer acquires the right to print a Coupon issued by the participating Merchant and to use the Coupon according to its terms and the terms of this Agreement. Whether You choose to print and/or redeem the Coupon is within your sole control and at your sole discretion.


Promotions of the Deal Program

From time to time we may offer special promotions, contests and/or sweepstakes (each a "Promotion") intended to provide You an incentive to purchase Deals or to encourage You to get others to do so. The applicable rules will be posted on the Site in or near the description of each Promotion. We reserve the right to interpret these rules and You agree to be bound by our interpretations.

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that You violate any of the terms and conditions set forth below. In the event of any termination, You will immediately cease access to the Site and Services.

Disclaimers of Warranty

You agree that your use of Funtora shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, FUNTORA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN "AS IS" BASIS. FUNTORA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FUNTORA. FUNTORA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH FUNTORA OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FUNTORA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT SHALL FUNTORA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF FUNTORA, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH FUNTORA BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FUNTORA, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FUNTORA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Funtora is controlled and offered by Funtora from its facilities in Malaysia and we make no representations that Funtora is appropriate or available for use in other locations. Those who access or use Funtora from other jurisdictions do so at their own volition and are responsible for compliance with local law. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL FUNTORA BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY CANDIDATE.

You indemnify Funtora. You agree to defend, indemnify and hold harmless Funtora, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to Funtora; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Funtora.

Changes to this Agreement

We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If You do not agree to any changes, if and when such changes may be made to the Agreement, You must cease use of the Site. Your use of the Site after any modifications to the Agreement indicates that You agree to such modified Agreement.

General Terms

You and we are independent contracts, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by You to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.


All Inquiries | support@funtora.com

Last Updated August 12, 2010


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