Quick Queue

General Terms

GENERAL TERMS OF USE [“General Terms”]

BACKGROUND

We Quick Queue Sdn Bhd are a private limited company incorporated in Malaysia and are the owners and operators of the quickqueue.com.my family of Websites [individually “Website/s” or collectively “Our Websites”].

Our Website Conditions sets out the terms between You and Us under which You may Use or Access Our Websites. Our Website Conditions applies to all Users of Our Websites.

Our Websites are also made up of a number of specific Sites which deal with the supply of specific Products or Services to specified classes of users such as on a Subscription service or for advertisers. The supply or provision of such Products or Services to a User may be governed by terms of contract that may differ from or are in addition to Our Website Conditions. You hereby agree that these Additional terms [“Additional Terms”], shall apply to You in such an event, in addition to Our Website Conditions.

Where Additional Terms are applicable, then Our Website Conditions shall be read in conjunction with any applicable Additional Terms. If any terms and conditions contained in Our Website Conditions conflict with any terms and conditions contained within the Additional Terms, then the Additional Terms shall prevail over Our Website Conditions [and only to the extent necessary to resolve such conflict].

Any applicable Additional Terms shall be specified in the subject Website, and/or in the Products or Services “Order Form”, “Customer"s Order”, “Purchase Order”, “Request for Quotation”, “Request for Services” or “Insertion Order” found at such Website or other contractual documents referred to thereat. You hereby agree that in such instances, those Additional terms shall also be applicable to You and Us in any agreement entered into between You and Us.

Quick Queue Sdn Bhd reserves the right to change the terms contained in Our Website Conditions or the Additional Terms at any time. You are responsible for regularly reviewing all applicable Contractual terms and Additional terms which are be posted on Our Websites for the use of such Websites or for Products and Services provided or supplied.

If You do not accept Our Website Conditions, or the applicable Additional terms, do not use any of Our Websites. We do change Our Website Conditions, and our Additional terms, from time to time, so You should review them each time that You visit the Website/s.

OFFER AND ACCEPTANCE

No part of Our Websites, or of our Products or Services provided thereat, shall be deemed or intended to constitute a Contractual Offer to You. When You issue Your Order Form, Purchase Order, Customers Order, or Insertion Order [collectively “Order Form”], such Order Form shall be deemed to be Your Offer for the purchase, hire, rental, license, supply or provision of the subject Products or Services. We are at liberty to Accept or Reject Your Offer. If We accept your Offer, We shall issue to You an ‘Acceptance Confirmation’ and an Invoice. Our acceptance Confirmation shall be treated as an “Acceptance” of Your “Offer”.

INDIVIDUALS

  1. You may use any of Our Websites no matter what age You are so long as You agree to and abide by Our Website Conditions.
  2. However if You wish to create an account, or to make an offer for the provision or supply of Products or Services, You may only do so if You are over the age of twenty one [21] and You register with us to open an account.
  3. If You are below the age of 21, You may not open an account, register with Us or order Products or Services from us. If You seek to do so, You must obtain the consent of Your parent or guardian who can open the account, register with us, and order the said Products or Services [supposing that they are in fact agreeable to do any or all of those things].

If You order Products or Services from us, and You act on behalf of a legal person [see definitions section below], You hereby warrant and undertake that You possess the authority to bind Yourself, Your principals or employers [or the legal person named by you] with whom You are engaged with or acting as employee or agent for.

REGISTRATION AND ACCOUNT CREATION

  1. As part of the registration and account creation process necessary to obtain access to certain of Our Websites, or of particular Products or Services, including those portions that require a fee or payment for access, You shall select a username and a password. You shall not:
    • Select a username already used by another person or very similar to that of another person which is likely to cause confusion.
    • Use a username in which another person has rights, without such person’s authorization.
    • Use a username that We, in our sole discretion, deems offensive or inappropriate.
  2. You shall provide to Us documentary proof of identity documents, such as scanned copies of Your Identity Card, Passport or Company profile, should such be necessary. We reserve the right to deny creation of Your account based on Our inability to verify the authenticity of the registration information or documents provided by you.
  3. You shall be solely responsible for maintaining the confidentiality of Your username and password combination. You shall immediately notify Us in writing of any known or suspected unauthorized use of Your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password or credit, debit, charge card or banking information.
  4. You are fully responsible for all usage and activity on Your account, including, but not limited to, use of the account by any third party authorized by You to use Your username and password combination. The use of Your account by any individual under the age of twenty one (21) is strictly prohibited.
  5. If the computer system on which You accessed Our Websites, or the Products or Services on Our Websites, is sold or transferred to another party, You are advised to delete all cookies and software files obtained by or through use of Our Websites or of the Products or Services used or accessed by You.
  6. We reserve the right to terminate Your account, in Our sole discretion, at any time without notice. You may terminate Your account at any time by submitting feedback or through an email communication. Upon termination, You will receive an automated confirmation via e-mail that the request was received, and Your account will be terminated within five (5) business days. You are responsible for all fees and charges incurred up to the time the account is terminated. Notwithstanding anything else herein, We reserves the right to pursue any and all claims against any User of Your account.
  7. Whether as an individual or as a business user, You agree to maintain only one account with us at any time for the Provision of any Product or Service, unless otherwise agreed between us. At the time of account creation, You certify that You have no other account(s) with us.

INTELLECTUAL PROPERTY

  1. All Content included on Our Websites, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of QuickQueue, our affiliates or other relevant third parties. By continuing to use Our Websites you acknowledge that such materials are protected by applicable Malaysia International intellectual property laws, the applicable laws of other countries or under international law or conventions.
  2. You shall not reproduce, copy, distribute, store or in any other fashion re-use material from Our Websites, unless otherwise indicated on the Websites, or unless given express written permission to do so by Us.

THIRD PARTY INTELLECTUAL PROPERTY

  1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such Products or Services, as may be applicable.
  2. You shall not reproduce, copy, distribute, store, or in any other fashion, re-use such material, unless otherwise indicated on the Websites, or unless given express written permission to do so by the relevant manufacturer, supplier or content owner.

Your Websites may contain links to other sites. Unless expressly otherwise stated, these Websites are not under the control of QuickQueue or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them by You or any third party. The inclusion of a link to another site on Our Websites does not imply any endorsement or promotion of the sites themselves, of those in control of them, or of the Products and Services provided or supplied by such third parties on their Websites.

TITLE AND PROPERTY AND RISK OF LOSS OR DAMAGE

  1. In a sale and purchase transaction, Title and Property in the Products will not pass to You until the full Invoice price for those Products have been received and credited into our Bank Account. Where payment has been received, Title and Property, and risk of loss or damage to the Products shall be deemed to pass to You when the Products are delivered to the Courier or shipping company.
  2. Where Products are leased, hired or licensed for Your use, You hereby agree that Title and Property in such Products remain with QuickQueue [or other third party providers, suppliers or licensors] and You shall not deal with the Products in any manner that is in breach of the contract or terms of subscription, lease, hire, or license to use the Products. Unless otherwise agreed, You are obliged to insure the Products for ‘ALL RISKS’ whilst they are Used by You, or in Your care or control.
  3. You hereby agree that if any Products have been provided or supplied to you, and You have not made payment of the purchase price, or the fees or charges for the subscription, lease, hire or license of such Products, then QuickQueue [or the Product Owners, Providers Suppliers or Licensors] have the legal right to enter Your premises and remove the subject Products from Your premises.

THIRD PARTY WEBSITES AND THEIR CONTENT AND MATERIALS

Certain Products and Services may involve the distribution of Your Submission to third party Websites over which QuickQueue has no control. In addition, QuickQueue may host or provide third party content on Our Websites or may provide links to products, services, Webpages, Websites and other content of third parties. You are responsible for ensuring that Your Submission complies with the terms of use associated with any such third party Websites and You understand that Your Submission and Your use of any third party Websites will be treated in accordance with that third party’s Website’s own terms of use and policies. QuickQueue does not endorse, warrant, promote or take any responsibility for, or make any warranties or representations pertaining to these third party Websites and such content, including but not limited to the content, availability, or functionality of such Websites and/or the Products and Services associated with them or offered on such Websites.

DEALING WITH THIRD PARTY SUPPLIERS OF PRODUCTS AND SERVICES

You agree that Your dealings with Third Party Sellers, Suppliers, licensors or Service Providers [collectively “third party suppliers”] found on or through Our Websites including payment and delivery for any Products or Services offered thereat, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Third Party suppliers, and You hereby irrevocably agree that QuickQueue shall not be responsible or liable for any claims or disputes You may have with such third parties, no matter for what reasons or causes.

DISCLAIMERS

YOU HEREBY IRREVOCABLY ACKNOWLEDGE AND AGREE THAT:

  1. QuickQueue makes no warranty or representation that Our Websites, or our Products and Services, shall meet Your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose/s, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, that it will be secure, and that all information provided will be accurate. We make no warranties or guarantees of any specific results from the use of Our Websites and of the Products and Services offered thereat.
  2. QuickQueue is not responsible for any material created or submitted by Users of Our Websites. No material created by Users is endorsed or otherwise supported by QuickQueue. QuickQueue assumes no responsibility for any offence, loss or other harm resulting from material created or submitted by Users.
  3. No part of Our Websites is intended to constitute professional opinion or advice and the content of Our Websites shall not be relied upon when making any decisions or taking any action of any kind.
  4. The data and information on Our Websites are not designed with commercial purposes in mind. QuickQueue makes no representation or warranty that the content of Our Websites are suitable for use in commercial situations or that it constitutes accurate data and / or professional advice on which business or financial decisions can be based.
  5. All Users are expressly warned that they secure and obtain the advice of professional persons [such as lawyers, accountants, and property surveyors or valuers] when making a decision as to whether to enter into a transaction relating to real property.
  6. Whilst every effort has been made to ensure that all descriptions of Products and Services available from Our Websites correspond to the actual Products or Services available, QuickQueue is not responsible for any variations from these descriptions.
  7. Whilst QuickQueue uses reasonable endeavours, on a best efforts basis, to ensure that Our Websites, and our Products and Services, are secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

CHANGES TO OUR WEBSITES, THE PRODUCTS AND SERVICES PROVIDED AND SUPPLIED, AND OUR WEBSITE CONDITIONS, AND ANY APPLICABLE ADDITIONAL TERMS

QuickQueue reserves the right to change Our Websites, the Products or Services, its Content, or these Website conditions, and any applicable Additional terms at any time. You will be bound by any changes to the Website conditions and any applicable Additional terms from the first time You use Our Websites following the changes. If QuickQueue is required to make any changes to our Terms and Conditions by law, these changes will apply automatically to any orders currently pending, in addition to any orders placed by You in the future.

AVAILABILITY OF Our Websites AND OF OUR PRODUCTS AND SERVICES

  1. You hereby irrevocably agree that Our Websites and the Products and Services provided on Our Websites, or any of them, are provided on an “AS IS”, on an “AS AVAILABLE”, and on an ‘WITH ALL FAULTS ACCEPTED’ basis. We make and give no representations, warranty or conditions, whether statutory, express or implied, that the Products and Services shall be free of defects and / or faults. To the maximum extent permitted by law, We provide no warranties (statutory, express or implied) of fitness for a particular purpose, accuracy of information, compatibility, reliability or of satisfactory quality.
  2. QuickQueue accepts no liability for any disruption or non-availability of Our Websites, or of its Products and Services resulting from external causes, including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, force majeure events, acts of war or legal restrictions and censorship.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, QuickQueue accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, punitive, special, or exemplary damages arising from the use of any of our Websites, our Products or services, or any information contained therein. Users should be aware that they use Our Websites, our Products and services, and its Content at their own sole risk.

NO WAIVER

In the event that QuickQueue fails to exercise any right or remedy contained herein [or specified in the additional terms], this shall not be construed as a waiver of that right or remedy.

PREVIOUS TERMS AND CONDITIONS, ANY APPLICABLE ADDITIONAL TERMS OR POLICIES

In the event of any conflict between our current Website conditions, and any applicable Additional terms, with prior versions of the same [that is to say, Website conditions and Additional terms], the current versions shall apply to any contract entered into between You and Us, unless it is expressly stated otherwise.

THIRD PARTY RIGHTS

Nothing in our Website Conditions or Additional terms shall confer any rights upon any third party/parties. The agreement created by these Website conditions and/or Additional terms is between You and QuickQueue, its subsidiaries or affiliates.

ELECTRONIC AND MOBILE COMMUNICATIONS

  1. QuickQueue may choose to deliver all communications to You electronically, which may include: (a) email [to the email address that You provide to QuickQueue upon registration] or (b) telefax [to the fax address that You provide to QuickQueue upon registration].
  2. You agree to do business electronically with QuickQueue, and to receive electronically all current and future notices, disclosures, communications and information. You hereby agree that the aforementioned communications or notices provided electronically satisfies any legal requirement that such communications be in writing.
  3. You agree that You meet the following technical requirements and are able to access and retain copies of notices and information sent or made available electronically:
    • internet access
    • PDF reader
    • ability to print with Internet browser
    • e-mail
  4. Notices that are required to be sent to Us in hard copy shall be given to Us either by hand or courier delivery or posted to our Offices at 21-3 & 21-3A, 21st Floor, Oval Tower @ TTDI Damansara, Jalan Damansara, Off Lebuhraya Sprint, Taman Tun Dr Ismail, 60000, Kuala Lumpur. Such notice will be deemed received 3 days after posting if sent by post or AR Registered Mail, and the day of handover if delivered by hand.
  5. QuickQueue may from time to time send You information about our Products or Services. If You do not wish to receive such information, please click on the “Unsubscribe” link in any email which You receive from us.

LAW AND JURISDICTION

Our Website Conditions and the relationship between You and QuickQueue shall be governed by and construed in accordance with the Law of Malaysia.

NON ASSIGNMENT

You hereby agree that You shall not assign, transfer, make over, subcontract, or delegate any Agreement that is entered into between You and Us to any third party without our express written consent. Any such purported assignment shall be treated as Void and of no legal effect against Us.

EVENTS BEYOND OUR REASONABLE CONTROL [FORCE MAJEURE]

We will not be held responsible for any delay or failure to comply with our obligations under these Website Conditions or any applicable Additional terms[or in relation to any Agreement entered into between You and Us] if the delay or failure arises from any cause/s which is beyond our reasonable control, including by reason of Force Majeure, which shall include any default due to or caused by an Act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, industrial action, health epidemic or pandemic, fire, flood, drought, tempest or other event beyond Our control.

DISPUTES OR CLAIMS

  1. Any controversy, claim, or dispute of whatever nature arising between You and QuickQueue (a “Dispute”), including, without limitation, a Dispute arising out of, or having to do with Your Use or Access to Our Websites, including any Products, Services, Content, or any Agreement entered into between You and Us, shall be resolved by binding arbitration.
  2. Our agreement to arbitrate shall continue in full force and effect despite the expiration, rescission, or termination of the Agreement between Ourselves and You. Either party may begin the arbitration process by giving a written notice to the other party setting forth the nature of the Dispute and its pertinent particulars.
  3. The arbitration shall be in accordance with the Kuala Lumpur Regional Centre for Arbitration Rules which shall be deemed to be incorporated herein by this reference. The arbitration shall be held in Kuala Lumpur, Malaysia, and shall be conducted in the English Language. The award of the arbitrator(s) shall be treated as final and binding on the disputant parties and enforceable in any court of competent jurisdiction.
  4. In any Dispute which involves any claim or dispute where the monies claimed [whether as loss, damages, compensation or otherwise] exceeds more than MYR 100,000, three arbitrators shall adjudge the dispute. For claims under this sum, one arbitrator shall adjudge the dispute.
  5. The arbitrator(s) shall have the authority to award actual money damages (with interest on unpaid amounts from the date due until repayment), specific performance, and temporary injunctive relief, but the arbitrator(s) shall not have the authority to award the excluded losses or damages as is specified in these Website Conditions or in any applicable Additional terms.
  6. Either party may request the arbitrators to provide a Reasoned Award in writing at the end of the arbitration. The Award of the Arbitrators shall be provided in writing no later than thirty [30] consecutive days from the date that the arbitration ends.
  7. The party that substantially prevails in the dispute shall be entitled to its arbitration costs and attorney’s or solicitors fees, which matter shall be adjudged by the arbitrator/s.
  8. If a party fails to proceed with arbitration, unsuccessfully challenges the arbitration proceedings, or fails to fully comply with the orders or directions of the arbitrators, the arbitrators and the other parties involved in the arbitration shall nevertheless be entitled to proceed with the arbitration until its conclusion.
  9. Except as otherwise required by law, the parties agree to maintain as strictly confidential all information or documents obtained during the arbitration process, including the resolution of the Dispute.
  10. Notwithstanding the parties agreement to settle their disputes by arbitration, the parties hereby agree that in relation to intellectual property issues, or where the rights of a party are in serious jeopardy, and incalculable loss may be suffered by an innocent party, then, in such an event, the aggrieved party shall be entitled to move the High Court sitting in Kuala Lumpur, Malaysia, so that equitable reliefs can be provided, such as injunctions, declarations, accounts or specific performance. The parties agree that resort to legal process shall not stay the arbitration proceedings, which shall proceed to resolve any other issues in dispute between the parties.

DEFINITIONS

The Definitions specified here shall, unless the context requires otherwise, apply to our General Terms, Our Privacy Policy, our Acceptable Use Policy, and any applicable Additional terms.

“QuickQueue” means Quick Queue Sdn Bhd, its subsidiaries, affiliates, agents, servants and contractors.

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on Our Websites.

“Courier” means any third party responsible for transporting Goods or Products from our Premises to that of the Customers.

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of Our Websites.

“Goods” or “Products” means any Products that We advertises and / or makes available for sale, subscription, lease, hire, or license through Our Websites.

“Services” means collectively any online facilities, tools, Services [including interactive services] or information that QuickQueue makes available through Our Websites either now or in the future.

“Payment Information” means any details required for the purchase of Products or Services from our Websites. This includes, but is not limited to, credit / debit card numbers, bank account numbers and bank sorting codes.

“Purchaser"means any person or business that buys Goods from any of our Websites.

“Invoice” means collectively any invoices, receipts or similar document that may be in hard copy or electronic form.

“System” means any online communications infrastructure that QuickQueue makes available through our Websites either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.

“You” “Customer” “User” means You or any third party that uses or accesses Our Websites or our Products and Services.

“Our Websites” means the websites that are specified at the preamble to these General Terms of Use.

“Affiliate” or “subsidiary” means any related or associate company of Quick Queue Sdn Bhd including their successors, assigns, employees and agents.

“Agreement” or “Contract” means these Website Conditions, any applicable Additional Terms, and Policy terms which are applicable to the use of any of Our Websites, or for Products or Services ordered, supplied or sought by You from Us which shall be specified in the relevant Website [or webpage], the Order Form, Customer’s Order, Purchase Order, Insertion Order, Acceptance Confirmation, Invoice, or such other document provided or displayed on Our Websites in relation to such Products or Services.

“Contents” means all information, text, sound, and music, Software, photographs, videos, graphics, data, messages or other materials.

“Products” or “Services” means any tangible or intangible Products or Services listed on any of Our Websites.

“Order Form”, “Customers Order” or “Purchase Order” means a written request provided or submitted [on Our prescribed order form or interactive forms] by You to Us which shall be deemed and treated as an Offer to Purchase or as an Offer for the Provision, Supply, license, hire or subscription of Products or Services [as the case may be].

‘Supply’ or ‘Provision’ of ‘Goods’ ‘Products’ or ‘Services’ shall encompass, according to the context where the terms are used, a Sale, Subscription, License, Hire, Rental, or Assignment transaction.

‘Acceptance Confirmation’ means the document that We send to You which is an Acceptance of Your “Order Form”, “Customer’s Order” or “Purchase Order”.

‘Individual’ or ‘natural person’ shall mean a human being who has reached the age of majority and has legal capacity to contract.

‘Legal Person’ means any entity created, formed, registered or incorporated pursuant to the Laws [or internal Laws] of a Country, State or any political subdivision thereof, or pursuant to International Law or Conventions. For the avoidance of doubts, such shall encompass a sole proprietorship, a general or limited partnership, a Company or Corporation [whether public or private, and whether with limited liability or unlimited liability], Trusts, Foundations, Societies, and Associations of Persons.

A ‘party’ means either ‘QuickQueue’ or a ‘User’ as is applicable to the context in which such expression is used.

‘The parties’ means QuickQueue and the User collectively.

‘Us’ ‘We’ ‘Our’ means QuickQueue, its subsidiaries, affiliates and partners.

‘Use’ or ‘Access’ in relation to use or access to any of Our Websites and its services shall also apply to use or access via any mobile device or application.

‘User’ ‘You’ ‘Your’ ‘Subscriber’ means you, the User of any of Our Website or Our Services.

Our “Website Conditions” shall mean collectively our “General Terms” our “Privacy Policy”, our ‘Acceptable Use Policy’ and Our Copyright Policy, which shall be deemed to apply to all Users, Subscribers or Members of all of Our Websites, and of our Products or Services, unless the context provides otherwise.