Terms & Conditions of Use for GoMakan.com

Any person or entity ("User") visiting, using or otherwise accessing the site and its subdomains at www.gomakan.com ("Site") or any of the information contained in the Site agrees to and is bound by the following terms and conditions of this user agreement ("Agreement").

  1. This Site, together with all content, data and other materials contained in the Site ("Content") is owned or controlled by Monhan Holdings Sdn Bhd ("the Company", "us", or "we").
  2. You may use the Site for your own personal, non-commercial use only. You may not access the Site with any automated software. If you would like to use our services for a commercial purpose, or in any way that is different to how they are presented on the Site, you must first obtain our explicit approval.
  3. This Site is intended for reference purposes only and use of the Site and/or the Content is entirely at your own risk. The Company makes no representations whatsoever about any restaurant, bar, establishment, venue, event or any other third-party or third-party goods or services made accessible to you via use of the Site, either directly or indirectly, including but not limited to Site content, links, SMS and email communication.
  4. Please note that, whilst we endeavour to provide accurate and useful information, the Content may be inaccurate and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind, either implied or express, and is not intended as specific commercial or legal advice. The Company does not guarantee the truth or accuracy of listings of any promotions, advertisement or materials on the Site. The Company does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. You further acknowledge that the Internet, our systems, websites and/or equipment may from time to time be less than fully operative and that we will not be held liable for any failure or inability to provide continuous, error-free, uninterrupted service under these or any other circumstances.
  5. The Company provides various links to other websites from time to time. These links are provided for your convenience and the Company: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (ii) will not be liable, directly or indirectly, in any way for any loss or damage which you may suffer by using such websites or in connection with use of or reliance on any such content, goods or websites available on or through any such website or resource. If you decide to access linked websites and/or obtain goods or services from providers accessible via such links, you do so at your own risk.
  6. In order to access some features of the Site, you will have to create a GoMakan account. You may never use another's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your account. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
  7. If you send or provide any information or personal data to us, you agree to provide only true, accurate and complete information to us and/or the Site. You further agree that (other than for Personal Data) you agree to grant to us a perpetual, royalty-free, worldwide, non-exclusive licence to use your contribution in all media, and you warrant that all such materials are original and that you have the right to grant such licence and you agree to waive your moral rights for the purposes of such licence. All Personal Data provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy.
  8. By posting content on the Site, User unconditionally grants to the Company a non-exclusive, worldwide, irrevocable, royalty-free right to exercise the copyright, publicity and database rights he/she/it has in the content in order that the Company can host, display, promote, copy, download, forward, distribute, reproduce, sell and re-use the content in any form.
  9. The Company, unless otherwise stated, owns, controls or has been granted a license to use all copyright, database and all other intellectual property rights in the Site and the Contents. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or its contents in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by local law.
  10. All promotions advertised on the Site, unless expressly stated by the Company, are fulfilled by a third-party which, in most cases, is the relevant restaurant or establishment. The Company shall not be involved in any dispute that arises between you and any restaurant or establishment (for example, in relation to the availability of the promotion, standard of service, food or bill). Please note that there may be "special offers" advertised on the Site which are only available to users of the Site and may not be available in conjunction with any offer made directly by or from the relevant restaurant.
  11. User agrees that the liability of the Company to User under this Agreement shall be limited to the amount User has actually paid to the Company for its services.
  12. The brands, products, logos and service names used in this Site (including without limitation, "GoMakan" and "GoMakan.com") are the trade marks or trade names of the Company or its clients unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of the Company.
  13. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by the Company. The Company will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud the Company or any other parties through User's use of the Site or services provided via the Site. The Company reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block Users IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
  14. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its 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 the Site; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Site.
  15. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
  16. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No modification of this Agreement shall be effective unless in writing and signed by authorized parties for both the Company and User.
  17. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of Malaysia having jurisdiction over this Agreement, the remaining portions or provisions shall still remain valid and continue in full force and effect.
  18. This Agreement and/or any other terms of service may be changed at any time without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User's continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
  19. This Agreement shall be governed by and will be construed in accordance with the laws of Malaysia. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Malaysia.
  20. If you have any queries about this Agreement or wish to resume receiving information which you may have previously opted-out of receiving, please contact us at info@gomakan.com.