Website Terms of Use

1. Introduction

This Website Terms of Use document sets out the terms under which you may use or access the TicketCARE websites, including any sub-domains, Event Organizer Ticketing Management Platform, or Ticket Booking pages (hereafter collectively referred to as "Our Websites"). This policy applies to all Users of Our Websites, whether you are an Event Organizer or a Ticket Buyer.

By accessing or using Our Websites, you confirm that you accept these Website Terms of Use and agree to comply with them. If you do not agree to these Terms, you must not use Our Websites or Services.

2. Definitions and Interpretation

For the purpose of these Website Terms of Use:

"We", "us", or "our" refers to TicketCARE.
"You" or "your" refers to the User, which includes both Event Organizers and Ticket Buyers.
"Our Websites" refers to the digital platforms provided by TicketCARE.
"Services" refers to the functionalities and offerings available through Our Websites.

Please refer to our General Terms of Service for a comprehensive list of definitions.

3. Acceptance of Terms

Your use of Our Websites means that You accept, and agree to abide by, all the terms stated in this Website Terms of Use, our General Terms of Service, and our Privacy Policy. These documents are incorporated by reference and shall be read in conjunction with this policy.

4. Prohibited Uses and User Conduct

You, the User, hereby undertake that You shall use Our Websites only for lawful purposes. You shall not use Our Websites in any of the following circumstances:

Unlawful and Fraudulent Activities:

In any way that breaches any applicable local, national, or international laws, including but not limited to the Data Protection laws currently in force in Malaysia and as from time to time amended, revised or updated.
In any way that is unlawful, illegal, deceitful, criminal, or fraudulent, or has any unlawful or fraudulent purpose, objective, or effect.
To promote or encourage any illegal activity.
To engage in gambling, including lotteries, raffles, auctions, sweepstakes, sports forecasting, or games of chance.

Age Restrictions:

If you do not have the capacity to enter into binding contracts for any reasons whatsoever.
If, being an individual, You are not, at least, twenty one years of age for general use of Our Websites, or eighteen years old or older to purchase products or services. Minors using any interactive service require the consent of their parent or guardian.

Harmful Content and Contributions:

To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards as described below.
For the purpose of harming or attempting to harm minors in any way.
To display or promote sexually explicit material.
To display or promote violence.
To promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
To transmit or post any material that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy.
To harass, upset, embarrass, alarm or annoy any person.

Malicious Software and System Interference:

To knowingly transmit any data, or to send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code, designed to adversely affect the operation of any computer software or hardware, of any other persons or entity including Us.
Not to access, without authority, interfere with, damage or disrupt: any part of Our Websites; any equipment or network on which Our Websites or our data are stored; any software used in the provision of Our Websites; or any equipment or network or software owned or used by any third party.
To use any device, software, process, or means to interfere or attempt to interfere with the proper working of Our Websites.
To undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage.

Unauthorized Access and Reproduction:

Not to reproduce, duplicate, copy or re-sell any part of Our Websites in contravention of the provisions of our General Terms of Service.
To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for or through Our Websites.
To modify, rent, lease, loan, sell, distribute, or create derivative works based on Our Websites, brand, or services for performance, service analysis, or competition, unless expressly authorized by TicketCARE.
To download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data or materials on or available through Our Websites, other than as expressly allowed.
To alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through Our Websites.

Scraping and Data Harvesting:

To use any automated device, software, process or means to access, retrieve, scrape, or index Our Websites or any content on the Website without our express written consent.
To engage in spidering, "screen scraping," "database scraping," harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through Our Websites.
To use, copy or index any content or data on Our Websites for purposes of competing with us in any manner that we have not specifically authorised.

Impersonation and Misrepresentation:

To impersonate any person or entity or misrepresent your affiliation with any other person or entity, or to misrepresent the identity of the contributor with some other person.
To give the impression that contributions emanate from us, if this is not the case.
To pose as any person or entity or attempt to solicit money, passwords, or Personal Information from any person.

Spam and Unsolicited Material:

To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional materials or any other forms of similar solicitation (such as spam).
To insert your own or a third party's advertising, branding or other promotional content into any of Our Websites' content, materials or services.

5. Interactive Services and Content Standards

We may from time to time provide interactive services on Our Websites, including, without limitation: Messaging, Bulletin boards, Public enquiry, Loan application, and Comment features.

Moderation and User Responsibility:

Where We provide any interactive services, We will specify rules about the kinds of services offered, if it is moderated or unmoderated, and, if moderated, what form of moderation is used (including, whether it is human or technical).
We are under no obligation to oversee, monitor, or moderate any interactive service we provide on Our Websites, and we shall not be held responsible or liable for any harm, loss, or damage arising from the use of any interactive service by a User, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents to communicate with their children about online safety, as moderation cannot be foolproof.
Where we do moderate an interactive service, we will normally provide You with a means of contacting the moderator.

Contributions and Content Standards:

These Content Standards apply to any and all material which You contribute to Our Websites ("Contributions"), and to any interactive services associated with it. You must comply with the spirit and letter of these standards.
Contributions shall: Be accurate (where they state facts), be genuinely held (where they state opinions), and comply with applicable laws of both the country where the User is accessing the website, and in any country from which they are posted (if the latter is in a different country, including Malaysia).
Contributions must not: contain any material which is libelous or defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; infringe any copyright, database right, trade mark or other intellectual property rights of any other person; infringe any legal rights of any person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence to hold certain information secret or confidential; advocate, promote or assist any unlawful or illegal act, such as infringing intellectual property rights of a third party or any form of computer misuse.

Privacy in Public Forums:

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time.
You should be careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in your comments to our public forums.

6. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in Our Websites and the material published on them. This includes all content (audio, photographs, illustrations, graphics, visuals, video, copy, text, software, titles, etc.), code, data, and materials, as well as the look and feel, design, organization, and compilation of Our Websites. Your use of Our Websites does not grant you ownership of any content, code, data, or materials you may access.

You may access and view content for your personal and internal use only, unless otherwise indicated. You must not use any part of the content on Our Websites for commercial purposes without obtaining a license from us or our licensors. Our status (and that of any authorized contributors) as authors of the content on Our Websites must always be acknowledged.

User Responsibilities Regarding Uploaded Content: As Event Organizers and other users are permitted to upload content to Our Websites, you hereby confirm that you have obtained all necessary licenses or permissions for any content, including but not limited to images, logos, music, videos, or text, that you upload to Our Websites. You further agree that your Contributions must not infringe any copyright, database right, trade mark, or other intellectual property rights of any other person.

Intellectual Property Infringement Notification and Takedown Policy: Should you believe that content which you lawfully own has been uploaded to Our Websites without your permission or license, you or your authorized agent may submit a takedown notice to request its removal or blocking.

To submit a takedown notice, please email support@ticketcare.my.

Your takedown notice must include the following information:

Contact details that will allow us to communicate with you (e.g., your name and either email, phone number, or address).
Sufficient information to identify the alleged infringed content, including any trademarks or registrations to demonstrate ownership.
Sufficient information that will allow us to locate the infringed content on Our Websites (e.g., the URL address and a description of the content such as 'image used in event poster').
A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner.
A signature (physical or electronic) of the person submitting the notice (the intellectual property owner or authorized person).

Please be advised that your takedown notice, including your name and address, may be shared with the Event Organizer or user who uploaded the content to Our Websites to assist us in investigating and resolving your claim. Should you knowingly misrepresent that any content on Our Websites has infringed your copyright or trademark, you may be liable to TicketCARE and the alleged infringer for costs or damages, and you may choose to obtain legal advice before submitting a takedown notice.

Upon receipt of a valid takedown notice containing all the required information and once the infringement has been confirmed, TicketCARE will remove or block the content and notify the Event Organizer or relevant user.

Counter-Notification Process for Users: If you, as an Event Organizer or user, believe your content has been wrongly removed due to a mistake or misidentification, you may send a counter-notification to support@ticketcare.my.

Your counter-notification must include the following information:

Your name, your TicketCARE account name, and the email address that you use to log in to your TicketCARE account.
A description of the content that was removed and its location on Our Websites (e.g., an image included in the event designer).
A statement that you have a good faith belief that the material was removed because of a mistake or misidentification of the material to be removed.
A statement that you consent to the jurisdiction of the courts of Malaysia for the judicial district in which your provided address is located.
A statement that you will accept service of process from the person who provided the original notification or an agent of such person.
Signature (electronic or physical).

Upon receipt of a valid counter-notification, TicketCARE will forward it to the person/agent who submitted the original takedown notice. The person/agent will have ten (10) days to notify us if they have filed legal action relating to the alleged infringed material. If TicketCARE does not receive any such notification within ten (10) days, we may restore the content to your account.

7. Suspension and Termination

We will determine, in our sole discretion, whether there has been a breach of these Website Terms of Use through your use of Our Websites. When a breach occurs, we may take such action as we deem proper and appropriate.

Failure to comply with these terms shall constitute a material breach of the General Terms of Service upon which You are permitted to use Our Websites, and may result in our taking any or all of the following actions:

An immediate, temporary, or permanent withdrawal of your right to use any or all of Our Websites, Products, or Services, including our interactive services.
An immediate, temporary, or permanent removal of any posting or material uploaded by You to Our Websites.
The issue of a warning to you.
The institution of legal proceedings against You for reimbursement of all costs and expenses.
Further legal action against you to protect or enforce any legal rights.
Our disclosure of information to law enforcement or regulatory authorities in any country, including Malaysia (where you reside), which we deem necessary or is warranted.

We exclude liability for actions taken in response to breaches of this Website Terms of Use.

8. Limitation of Liability (Website Use)

While we endeavor to ensure all information on Our Websites is correct and that the Website is fully operational, we neither warrant nor make any representations regarding the quality, accuracy or completeness of any data or information contained.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any content on it, or any website linked to it.
We shall not be held responsible for non-availability of Our Websites during periodic maintenance operations or any unplanned suspension of access that may occur due to technical reasons or for any reason beyond our control.
You understand and agree that any material and/or data downloaded or otherwise obtained through Our Websites is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.

9. Third-Party Links and Resources

Where Our Websites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and assume no responsibility for them. Such links should not be interpreted as our endorsement of those linked Websites, and we will not be liable for any loss or damage arising from your use of them.

10. Changes to the Website Terms of Use

We may revise this Website Terms of Use at any time by amending it. You hereby agree that you shall check this page from time to time to take notice of any changes that have been made, as they are legally binding on you. Some of the provisions contained in this Website Terms of Use may also be superseded by provisions or notices published elsewhere on Our Websites; in such an event, the latter provisions shall apply.

11. Governing Law

These Website Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

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