Wellnessly is now known as Beaupass.

TERMS OF USE

Our Services

Welcome to Beaupass! We are a monthly subscription service that gives our members access to the best salons and spas in their city. This page (together with the documents referred to on it) sets out the terms of use (“Terms of Use”) on which you may make use of our website, www.beaupass.com (“Beaupass”), whether as a guest or a registered user. You are advised to read these Terms of Use carefully before you start to use the Website. By using the Website, you indicate that you agree and accept to these Terms of Use and that you agree to abide by them. Your use of any part of the Website constitutes your acceptance of these Terms of Use which takes effect on the date on which you first use the Website. If you do not agree with these Terms of Use, you should cease using the Website immediately. Please read carefully the following Terms of Use, which may be updated by Beaupass from time to time without notice to you (the Terms of Use, as modified from time to time, the “Terms”). The most current version of the Terms can be accessed at any time at www.beaupass.com/terms.

Access

Subject to these Terms of Service, Beaupass may offer to provide the Services, which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Beaupass performs for you, any applications or widgets offered by Beaupass that you download from the Site or from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by Beaupass, as well as the offering of any materials displayed or performed on or through the Services.

Membership

Members receive services per pass cycle (“Eligible Services”) to be used to visit any salon or spa with respective stated conditions. Passers cannot transfer or gift services to third parties or individuals, including other Beaupass members. Beaupass reserves the right to amend from time to time in its sole discretion the number of Eligible Services a member can take in a given cycle (such as pursuant to certain promotions that we may offer from time to time). The most services a member can take at any 1 salon or spa in a cycle is 3 visits. Please note that if a salon or spa has more than 1 location, members can go up to 3 times total across all of its locations, and not 3 times per location. Beaupass makes no guarantee on the availability of services as access to sessions is on a time-available basis.

Membership Cycle

Your Beaupass membership starts on the date that you purchase a pass and submit payment via a valid Payment Method. Each Beaupass cycle is one month in length, and will automatically renew each month. For example, if you purchase your Beaupass on June 10, your membership will automatically renew on July 10 (see “Billing Cycles,” below). Once your new month starts, you will receive your full number of Eligible Services for such new monthly cycle. Please note that any Eligible Services not used during a monthly membership cycle are forfeited, and will not be exercisable in the next subscription cycle.

You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use Beaupass. We automatically will bill the monthly membership fee to your Payment Method each month until your Beaupass is cancelled or terminated.

Billing

Recurring Billing.
By starting your Beaupass membership, you authorize us to charge you a monthly membership fee at the then current rate.

Billing Cycle.
When you sign up and purchase your Beaupass, your first subscription cycle will be billed immediately. Your subscription will auto-renew and you will be billed on the same date each month. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Beaupass membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership.

No Refunds.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to prvide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods.
You may edit your Payment Method information by emailing us at members@beaupass.com. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

Cancellation.
You may terminate your monthly subscription at any time with 15 days notice by emailing us at stopbeauty@beaupass.com. However, your first month cannot be cancelled and is non-refundable. For example, if your next billing date is September 30th, you need to cancel by September 15th in order to avoid being charged for the next month. Note that if you do terminate your membership, there is a RM45 reactivation fee if you want to return to the Beaupass in future months.

Other Fees

Your Beaupass covers your access to services. In addition, you are responsible for paying cancellation fees if you do not cancel your session with appropriate notice. Some of our partners may also offer other promotions and add-ons. The Beaupass only gives you access to the services for which you signed up. The partner may have additional fees for use of additional services.

Termination Beaupass

You agree that Beaupass, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Beaupass or use of the Beaupass and remove and discard all or any part of your account or any content uploaded by you, at any time. Beaupass may also in its sole discretion and at any time discontinue providing access to the Beaupass, or any part thereof, with or without notice. You agree that any termination of your access to the Beaupass or any account you may have or portion thereof may be effected without prior notice, and you agree that Beaupass will not be liable to you or any third party for any such termination. Beaupass does not permit copyright infringing activities on the Beaupass and reserves the right to terminate access to the Beaupass and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Beaupasss may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Beaupass may have at law or in equity.

Registration for the Account

1. If you would like to submit an order to the Beaupass to purchase or book a service listed on the Beaupass, you will need to register for an account on the Beaupass (“Account”) which you will be able to access on the Beaupass.

2. To register you need to supply us with your name, identity number, contact details and email address and possibly some other personal information. You agree that the information you provide to Beaupass on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you are using or opening an account on the Site on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.

3. By submitting your personal information to register an Account, you acknowledge that you agree and accept our personal data notice and expressly consent to authorise us to process your personal data for such purposes as set out in the notice.

4. Once you register with the Beaupass, you are required to create a username for, and allocate a password to, your Account. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or your Account or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password. At no time should you respond to an online request for a password of your Account. We will not ask for your password offline or online, except that you will be required to enter your password as part of the log-on process.

5. Your must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any Account which have been registered with someone else's email address or with temporary email addresses may be closed without notice. We may require you to validate Accounts at registration or if we believe you have been using an invalid email address.

6. We reserve the right to close your Account, if you are found to have any intentions or actions that disrupts the Website in any way.

7. When you register for an Account, and whenever you log on to your Account thereafter, you have the option to sign up to receive, and to opt out of receiving, information emails (such as newsletters, information on offers etc). You are able to unsubscribe from such information emails at any time by logging in to your Account.

8. Although we save the information relating to any order that you submit to the Beaupass to book or purchase the service listed on the Beaupass, you will be unable to directly retrieve this information for security reasons. You may access this information by logging in to your Account. You will be able to view information relating to your completed and recently order or booking and manage and save your information, and any newsletter to which you may have subscribed.

Updating and Correcting Information

You may change any of your Personally Identifiable Information by logging into your account and accessing the "my account" section of the site or sending us an email at members@beaupass.com. Please indicate your name, contact number and email address, and what information you would like to update when you contact us. We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on the Beaupass. In addition, in may be impossible for us to completely delete all of your information because we periodically backup information.

Promo Code Terms & Conditions

1. Promo code is not transferable or redeemable for cash.

2. Promo code may not be combined with other offers or promo codes.

3. Promo code can only be used once per Beaupass account, during the payment of first month subscription.

4. In the event of suspected fraud and any violation of these Terms and Conditions, Beaupass reserves all of the rights to remove all Beaupass credits granted.

5. Beaupass reserves the right to change the Promo Code and these Terms and Conditions from time to time in its sole discretion and to modify, suspend or cancel the Promo Code or related Promotion at any time.

Privacy

Your privacy is important to Beaupass. The Beaupass Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Beaupass’s collection, use, and disclosure of your personal information.

Changes to Privacy Policy

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Prohibited Conduct

It is our goal to make the use of our services a good experience for all of our users, so you agree not to do any of the following:

not using common sense
conduct or promote any illegal activities while using the Beaupass;
upload, distribute or print anything that may be harmful to minors;
attempt to reverse engineer or jeopardize the correct functioning of the Beaupass, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Beaupass;
attempt to gain access to secured portions of the Beaupass to which you do not possess access rights;
upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
use the Beaupass to generate unsolicited advertisements or spam;
use any automatic or manual process to search or harvest information from the Beaupass, or to interfere in any way with the proper functioning of the Beaupass;
not present a valid photo ID when redeeming a pass in store if prompted by the Merchant;
or impersonate another user.

Beaupass assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Beaupass for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Beaupass or communications when you are using the Beaupass. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content If at any time Beaupass chooses, in its sole discretion, to monitor the service, Beaupass nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

Equipment

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Beaupass shall not be liable for any damages to the End User’s equipment resulting from the use of this site.

User Choices on Collection and Use of Information

As discussed above, you can always choose not to provide information, although it may be required to engage in a certain activity on the Beaupass. As a condition of purchase of our products and services, we will send you Administrative and Promotional emails. We will send you information regarding your account activity and purchases as well as updates about our products and promotional offers. You cannot opt-out of Administrative Emails. “Administrative Emails” relate to a User's activity on the Beaupass, and include emails regarding a particular User's account, requests or inquiries, and purchases of products and services. In contrast to Administrative Emails, however, you do have a choice with respect to Promotional Emails. Promotional Emails advertise our products and services, including exclusive sales and other offers, and/or the products and services of our Advertisers and Affiliates. If you do not want to receive Promotional Emails from us, you may elect to opt-out of receiving Promotional Emails at any time after registering by e-mailing us at members@beaupass.com, or by hitting the “unsubscribe” button at the bottom of any of our e-mails. When contacting us, please indicate your name, contact number, email address, and what Promotional Emails you do not want to receive.

Security of Information

We take security seriously and take numerous precautions to protect the security of Personally Identifiable Information. You can access your Personally Identifiable Information on Beaupass through a password and your email address. This password is encrypted. We recommend that you do not share your password with anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected personnel and contractors have access to. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the Beaupass, and are not responsible for the actions of any third parties that may receive any such information.

Third Party Sites

We don’t have control over websites that Beaupass may link to. Beaupass may contain links to third party websites that are not owned, operated, or controlled by Beaupass. 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 Beaupass you expressly relieve us from any and all liability arising from your use of any third party website.

Ownership; Proprietary Rights

The website is owned and operated by Beaupass. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the website provided by Beaupass (“Materials”) are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from Beaupass for your personal reference and you may draw the attention of others within your organisation to material posted on the website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the materials on the Beaupass for commercial purposes and/or public circulation without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of the beaupass in breach of these Terms of Use, your right to use Beaupass will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Except for any content uploaded by you, all Materials contained on the Beaupass are the copyrighted property of Beaupass or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Beaupass or its affiliates and/or third-party licensors. Except as expressly authorized by Beaupass, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

Non-liability

In all cases, to the extent permitted by law:
(a) our total liability to you or any third party shall in no circumstances exceed, in
(b) we shall not have any liability (whether in contract, tort, negligence, aggregate, a sum equal to the greater of:
(i) RM100 or (ii) 100% of any aggregate amount paid by you to us in the 1 month preceding any cause of action arising; and misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Beaupass or any material in it or accessible from it or from any action or decision taken as a result of using the Beaupass or any such material for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) loss of operation time; (xi) loss of opportunity; or (xii) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (ii) to (xii) apply whether such losses are direct, indirect, consequential or otherwise.

If you enter into a contract with us by submitting an order for a service through the Beaupass which is accepted byus in accordance with the purchase terms and conditions, the relevant provisions of those terms and conditions relating to the our liability and its limitation in relation to such a contract (if any) shall replace terms herein.

Data Tracking

Cookies.
To facilitate and customize your experience with the Beaupass, we store cookies on your computer. A cookie is a small text file that is stored on a User's computer for record-keeping purposes which contains information about that User. We use cookies to save you time while using the Beaupass, remind us who you are, and track and target User interests in order to provide a customized experience. Cookies also allow us to collect Non-Personally Identifiable Information from you, like which pages you visited and what links you clicked on. Use of this information helps us to create a more user-friendly experience for all visitors. In addition, we may use Third Party Advertising Companies to display advertisements on Beaupass. As part of their service, they may place separate cookies on your computer. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by Beaupass only and does not cover the use of cookies by any Advertiser. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Beaupass may not work properly.

Other Tracking Devices.
We may use other industry standard technologies like pixel tags and web beacons to track your use of Beaupass pages and promotions, or we may allow our Third Party Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on Beaupass, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on Beaupass, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our Affiliates and/or Marketing Partners for the same purposes.

Disclaimers; No Warranties

SESSIONS AND ANY OTHER SERVICES OFFERED VIA THE BEAUPASS ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT BEAUPASS. YOU AGREE THAT ATTENDANCE AT OR USE OF ANY SUCH SESSIONS OR OTHER SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL BEAUPASS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE OR PARTICIPATION IN A SESSION, SERVICE OR APPOINTMENT MADE THROUGH THE WEBSITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDE IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE BEAUPASS BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO THE USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE WEBSITE OR ANY CONTENT ON BEAUPASS. BEAUPASS IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY PROVIDER WITH WHICH A USER HAS MADE A RESERVATION, OTHER THAN AS THE PROVIDERS OF THE SERVICES PROVIDED ON THE WEBSITE. WITHOUT LIMITING ANYTHING HEREIN, BEAUPASS DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY SESSIONS OR OTHER SERVICES OFFERED VIA BEAUPASS.

UNLESS OTHERWISE EXPRESSLY STATED BY BEAUPASS, THE WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH BEAUPASS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEAUPASS, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

UNLESS OTHERWISE EXPRESSLY STATED BY BEAUPASS, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH BEAUPASS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH BEAUPASS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF BEAUPASS AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Limitation Of Liability and Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BEAUPASS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE WEBSITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE WEBSITE, OR ANY OTHER INTERACTIONS WITH BEAUPASS, EVEN IF BEAUPASS OR A BEAUPASS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BEAUPASS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL BEAUPASS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).

Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

Indemnity

You agree to defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of Beaupass or the placement or transmission of any message, information, software or other materials through Beaupass by you or related to any violation of these Terms of Use by you or users of your Account.

Malaysia law and jurisdiction

These Terms of Use and your use of Beaupass (and all non-contractual relationships arising out of or connected to it or them) shall be governed by and construed in accordance with Malaysia law. You submit to the exclusive jurisdiction of the Malaysia courts to settle any dispute which may arise under these Terms of Use.

Waiver

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.