TERMS AND CONDITIONS GOVERNING THE USE OF

FINDBULOUS DEALS REWARDS PROGRAMME

 

INTRODUCTION

Welcome to findbulousdeals.com (“the Website"). These terms and conditions ("Terms and Conditions") apply to the Website, Findbulous Deals Sdn. Bhd. (Company No.: 1164859-H), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.

“Findbulous” means Findbulous Deals Sdn. Bhd. (Company No.: 1164859-H) a company incorporated in Malaysia under the Companies Act 1965 with its registered address at No. 7B, Jalan Maju, Taman Maju, 83000 Batu Pahat, Johor.

By accessing the Website, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use the Website. The Website reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Website with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Website following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

 

USE OF THE SITE

We grant you a non-transferable and revocable license to use the Website, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on this Website is solely for informational purposes. Product representations expressed on this Website are those of the vendor and are not made by us. Submissions or opinions expressed on this Website are those of the individual posting such content and may not reflect our opinions.

Certain services and related features that may be made available on the Website may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Website shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

 

USER SUBMISSIONS

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

You shall not use a false e-mail address, pretend to be someone other than yourself 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.


ORDER ACCEPTANCE AND PRICING

Please note that there are cases when an order cannot be processed for various reasons. The Website reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

We are determined to provide the most accurate pricing information on the Website to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

 

GOODS AND SERVICE TAX (GST)

GST will be implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of Items and services provided by Findbulous, being GST registered company, will include GST where applicable.

Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).


TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in the Website, information content on the Website and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Website also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

 

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

 

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law.

The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password and account identification issued to you and deny your access to and use of this Website in whole or in part.

Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Website shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of Findbulous. Your sole and exclusive remedy is to discontinue using the Website.

The use of the Findbulous Deals Rewards Programme is subject at all times to the following terms and conditions:-

 

DEFINITION

The following words and expressions shall have the following meaning respectively assigned to them:-

Affiliated Merchants” means the merchant that have a contractual relationship with Findbulous to participate in the Findbulous Deals Rewards Programme, carrying the Findbulous Deals Signage at any relevant time.

"Buyer" means the person who accepts a quotation of Findbulous for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Findbulous.

"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Findbulous.

"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded.

Findbulous” means Findbulous Deals Sdn. Bhd. (Company No.: 1164859-H) a company incorporated in Malaysia under the Companies Act 1965 with its registered address at No. 7B, Jalan Maju, Taman Maju, 83000 Batu Pahat, Johor.

Findbulous Deals Signage” means the banner, signage and information counter provided by Findbulous at any Affiliated Merchant’s outlet/store.

"Goods" means the goods (including any instalment of the goods or any parts for them) which Findbulous is to supply in accordance with a Contract.

Member” means any registered user of the Website.

Member’s Account” means is the user account attached to every Member by email, phone number and other personal information.

Merchant’s Account” means the merchant’s account attached to every Affiliated Merchants that contains the Rewards to be given to Members who patronises the Merchants outlet/store upon meeting the minimum spending requirement set by the respective Affiliated Merchant.

Minimum Spending” means the minimum amount of spending set by individual Affiliated Merchant as a pre-requisite to meet for earning and collecting the Rewards as defined herein.

The Programme” means the Findbulous Deals Rewards Programme.

The Rewards” means the Token given by Findbulous when a Member makes the minimum spending at an Affiliated Merchant, quantum of which to be determined by individual Affiliated Merchants and may vary from one Affiliated Merchant to another.

The Website” means the website under the domain www.findbulousdeals.com.

Token” means the credit balance earned, accumulated or collected in a Member’s Account that is expressed in Ringgit Malaysia (RM).

User” means any person who visits, browses or uses the Website.

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

NOW IT IS HEREBY AGREED as follows:-

  1. In registering, using and browsing the Findbulousdeals.com website, Users are deemed agreeable to this Terms of Use.

 

BASIS OF THE CONTRACT

  1. The supply of Goods by Findbulous to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

  1. Any information made available in the Website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.

  1. No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Findbulous.

  1. Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Findbulous in its website shall be subject to correction without any liability on the part of Findbulous.

 

REGISTRATION

  1. The Programme is open to all individuals who are at least eighteen (18) years of age, either a citizen or permanent resident of Malaysia.

  1. A User may register as a Member of the Website free of charge.

  1. All eligible User may only have one (1) Member’s Account and any duplicate account may be deleted or removed without prior notice or compensation for the loss of Token and/or voucher (if any) attached to the said Member’s Account.

  1. Notwithstanding Clause 7 above, Findbulous reserves the right to impose membership/ registration fee on new registering members at a later stage upon sufficient notice.

 

ORDERS AND SPECIFICATIONS

  1. Order acceptance and completion of the contract between the Buyer and Findbulous will only be completed upon Findbulous issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Findbulous shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Findbulous shall furthermore be entitled to require the Buyer to furnish Findbulous with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

  1. No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Findbulous and on terms that the Buyer shall indemnify Findbulous in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by Findbulous as a result of the modification or cancellation, as the case may be.

 

PRICE

  1. The price of the Goods and/or Services shall be the price stated in Findbulous’s website at the time which the Buyer makes its offer purchase to Findbulous. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Findbulous in addition to the price.

 

TERMS OF PAYMENT

  1. The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Findbulous’s website. The terms and conditions applicable to each type of payment, as contained in Findbulous's website, shall be applicable to the Contract.

  1. In addition to any additional terms contained in Findbulous’s website, the following terms shall also apply to the following types of payment:-

  1. Credit Card

  1. Credit Card payment option is available for all Buyers. Findbulous accepts all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information is protected by means of industry- leading encryption standards.

  2. Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.

  1. Debit Cards

  1. Findbulous accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.

  1. Online Banking

  1. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Findbulous’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Findbulous, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

  2. For the time being, Findbulous accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.

 

TOKEN

  1. A Member may redeem any Token in his/her account as long as the Member has accumulated and collected the minimum amount of Token required for redemption of the Token in one of the following two (2) ways:-

  1. Direct redemption at any of our Affiliated Merchant’s outlet/ store, or

  2. Redemption when purchasing any product, services and/or voucher in the Website.

  1. A Member may redeem partial or full amount of his/her Token as is available in his/her Member’s Account.

  1. Token redeemed can be applied as full or part payment of the product, services, and/or voucher purchased either at an Affiliated Merchant’s outlet/store or in the Website provided that the remaining balance after the part payment must be made at the time of the transaction in any manner accepted by the Affiliated Merchant or Website.

  1. Findbulous shall inform the Member of the purchases and/or redemption made at the Affiliated Merchants’ outlet/store or in the Website, the redemption granted by the Affiliated Merchant and the Token deducted and debited from the Member’s account by way of an e-mail and/or Short Message Service (SMS) notification.

  1. Once a redemption request is accepted by Findbulous it cannot be revoked, cancelled, returned or exchanged, and the deducted Token will not be reinstated.

  1. No Token shall be exchangeable for cash.

  1. An expiry date is attached to the Member’s Token. Any Token remaining unused at the date of expiry shall be deducted from the Member’s Account.

 

VOUCHERS

  1. The use of vouchers is subject to the Terms and Conditions of the voucher. Vouchers may only be valid for use at the Affiliated Merchant’s participating outlets/stores as stated in the voucher for the specified item within the stipulated validity date provided therein.

  1. The Affiliated Merchants may at its own discretion refuse to grant redemption of vouchers when it is to be applied together with any other privilege, discount and/or rebate.

 

DELIVERY/PERFORMANCE

  1. Delivery of the Goods shall be made to the address specified by the Buyer in its order.

  1. Findbulous has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

  1. Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Findbulous shall not be liable for any delay in delivery or performance howsoever caused.

  1. If Findbulous has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on Findbulous, to demand performance within a specified time thereafter, which shall be at least 14 days. If Findbulous fails to do so within the specified time, the Buyer shall be entitled to terminate the Contractin respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Findbulous’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.

  1. If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Findbulous's fault) then without prejudice to any other right or remedy available to Findbulous may:-

  1. Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

  2. Terminate the Contract and claim damages.

 

RISK AND PROPERTY OF THE GOODS

  1. Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Findbulous has tendered delivery of the Goods.

  1. Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until Findbulous has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Findbulous to the Buyer for which payment is then due.

  1. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Findbulous's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

  1. The Buyer agrees with Findbulous that the Buyer shall immediately notify Findbulous of any matter from time to time affecting Findbulous’s title to the Goods and the Buyer shall provide Findbulous with any information relating to the Goods as Findbulous may require from time to time.

  2. Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) Findbulous shall be entitled at any time to demand the Buyer to deliver up the Goods to Findbulous and in the event of non-compliance Findbulous reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

  1. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Findbulous but if the Buyer does so all moneys owing by the Buyer to Findbulous shall (without prejudice to any other right or remedy of Findbulous) forthwith become due and payable.

  1. If the provisions in this section are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.

  1. The Buyer shall indemnify Findbulous against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Findbulous's rights under this condition.

 

NON-TRANSFERABLE

  1. The Rewards obtained by Members are not transferable or assignable to any other person or Member.

 

TERMINATION

  1. Members may request to have their account terminated at any time by writing to care@findbulousdeals.com with the email address used for registration. All Rewards earned and accumulated in the Member’s Account will be forfeited thereof. Accounts terminated cannot be recovered and reinstated.

  1. Findbulous reserves the right to suspend and terminate a Member’s Account if there is reason to suspect that the Member attached to the Member’s Account is involved in fraudulent/dishonest activities and/or causes disruption to the Programme.

 

AFFILIATED MERCHANTS

  1. Every Affiliated Merchant has limited Rewards stored in its Merchant’s account to be given away to our Members. Rewards may not be granted by an Affiliated Merchant when the Rewards in the Merchant’s Account have been exhausted.

  1. The Findbulous Deals Signage displayed on any premises of Affiliated Merchants shall not be taken as a warranty by Findbulous that all goods/ services available at the premises shall be subjected to the Programme.

 

WARRANTIES AND REMEDIES

  1. Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

  1. Subject to this section, Findbulous warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of twelve (12) months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Findbulous further gives to the Buyer such implied warranties as cannot be excluded by law.

  1. Findbulous’s above warranty concerning the Goods is given subject to the following conditions:-

  1. No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Findbulous.

  2. Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

  3. Findbulous binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Findbulous's opinion in that behalf. Findbulous does not give any warranty as to the quality state condition or fitness of the Goods.

  4. Findbulous shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Findbulous, addition and insertion of parts, in particular of spare parts which do not come from Findbulous.

  5. Findbulous shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Findbulous's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Findbulous's approval.

  6. Findbulous is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Findbulous’s prior written approval and the Buyer shall indemnify Findbulous against each loss liability and cost arising out of such claims.

  7. Findbulous shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

  8. Findbulous shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

 

  1. Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to Findbulous within seven days from the date of receipt of the Goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. Findbulous shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which Findbulous had contracted to deliver.

  1. If the Buyer does not give due notification to Findbulous in accordance with the Clause 45, Findbulous shall have no liability for any defect or failure or for any consequences resulting there from. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to Findbulous in accordance with Clause 4.5, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair or replacement, Findbulous may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against Findbulous.

  2. When Findbulous has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become Findbulous’s property.

 

LIABILITY

  1. Findbulous shall accept liability to the Buyer for death or injury resulting from its own or that of its employees' negligence. Save as aforesaid, Findbulous’s liability under or in connection with the Contract shall be subject to the limitations set out in this section.

  1. Findbulous shall be under no liability whatsoever where this arises from a reason beyond its reasonable control as provided in Condition 9 or from an act or default of the Buyer.

  1. In no event shall Findbulous be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or Findbulous had been advised of the possibility of the Buyer incurring the same.

  1. The remedies set out herein are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods or Services and Findbulous’s liability for the same shall be limited in the manner specified herein.

  1. Without prejudice to the sub-limits of liability applicable under this section or elsewhere in these Conditions, Findbulous’s maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract, shall not exceed the total Contract price.

  1. If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

  1. No action shall be brought by Findbulous later than twelve (12) months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than twelve (12) months after the end of the Warranty Period.

 

INSOLVENCY OF BUYER

  1. This condition applies if:-

  1. The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

  2. An encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or

  3. The Buyer ceases - or threatens to cease - to carry on business; or

  4. Findbulous reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

 

  1. If this condition applies then without prejudice to any other right or remedy available to Findbulous, Findbulous shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Buyer and if Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

 

DISCLAIMER

  1. Findbulous is not responsible for any lost Rewards, Token or otherwise stored in the Member’s account resulting from fraud, mistake, or any other reason through no fault of Findbulous.

  1. Findbulous gives no representation and warranty with respect to any product/services and/or voucher offered in the Programme and shall not be held responsible to the quality of the product/services, or their suitability for any purpose.

  1. Findbulous shall not be liable to the Member in any manner whatsoever for any of the goods and/or services purchased from any Affiliated Merchant by the Member with or without obtaining Token or redemption of any Token or voucher in relation to the Programme. Any dispute in relation to such purchase shall be dealt with directly between the Member and the Affiliated Merchant.

  1. Any other benefits which are provided free of charge to the Member is provided at the absolute and sole discretion of Findbulous and it may be suspended or terminated with or without notice.

  1. Findbulous shall not grant a Member, the Rewards not granted by any Affiliated Merchant (if any), which has terminated its agreement with Findbulous or an Affiliated Merchant who has not displayed any Findbulous Deals Signage even though its name may still be listed or an Affiliated Merchant that has exhausted the Rewards available in their Merchant’s Account.

  2. Any liability Findbulous may have to its Members, whether for negligence, breach of contract or otherwise, is limited to the case of any claim relating to the Rewards to crediting such Rewards to the Member’s Account.

 

NON-WAIVER

  1. No waiver by Findbulous of any fees or of any other rights shall operate as a waiver by Findbulous of its rights to subsequently insist on full compliance by the Members of the same provision or of any other obligations on the part of the Members.

 

AMENDMENT

  1. These Terms and Conditions are subject to change from time to time at the discretion of Findbulous.

 

FORCE MAJEURE

  1. Findbulous shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Findbulous's obligations if the delay or failure was due to any cause beyond Findbulous's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Findbulous's reasonable control:-

  1. Act of God, explosion, flood, tempest, fire or accident;

  2. War or threat of war, sabotage, insurrection, civil disturbance or requisition;

  3. Acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;

  4. Import or export regulations or embargoes;

  5. Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Findbulous or of a third party);

  6. Interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;

  7. Power failure or breakdown in machinery.

 

  1. Upon the happening of any one of the events set out in Clause 56 Findbulous may at its option:-

  1. Fully or partially suspend delivery/performance while such event or circumstances continues;

  2. Terminate any Contract so affected with immediate effect by written notice to the Buyer and Findbulous shall not be liable for any loss or damage suffered by the Buyer as a result thereof.

 

NOTICES

  1. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Findbulous, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.

 

GENERAL

  1. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

  1. No waiver by Findbulous of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

  1. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

  1. No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 11.

  1. Findbulous shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.

  1. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.

  1. Findbulous reserves their right to these terms and conditions of sale at any time.

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