MAX RESOURCES INTERGRATION SDN BHD ("DealMate") offers, amongst other things, cashback to DealMate account holders for purchases made at DealMate’s merchant partners through DealMate’s various platforms including but not limited to its website, browser extension, and mobile application (the "DealMate Platforms"). The use of the services (the "Services") offered on the DealMate Platforms and accounts maintained with DealMate shall be subject to these terms and conditions (the "Agreement"). This Agreement constitutes a legally binding agreement between each individual who uses the Services or who maintains an account with DealMate. By using any of the Services or maintaining an account with DealMate, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms. DealMate may modify this Agreement from time to time, with or without notice, and your continued use of any of the Services or continued maintenance of an account with DealMate shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.
Subject to this Agreement, DealMate hereby grants you a revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and use the DealMate Platforms and the Services solely for your personal use. You agree that you obtain no rights other than the rights and licenses expressly granted under this Agreement. DealMate reserves the right to change, upgrade or discontinue any or all of the Services or the DealMate Platforms or any feature of the Services or the DealMate Platforms, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by DealMate and its licensors.
Some of the Services require the user to maintain an account with DealMate. A user may create an account free of charge by providing the relevant details requested. Use of the account and the Services (including the opportunity to earn cashback) are offered at the sole discretion of DealMate and subject to your compliance with this Agreement.
An individual shall not create or have control and/or custody over multiple DealMate accounts. In particular:
- Each mobile number may only be linked to one DealMate account;
- Each payment account (e.g. each bank account; each Paypal account) may only be linked to one DealMate account.;
A failure to abide by any terms and conditions, any fraud or abuse relating to the accrual or receipt of cashback and/or other rewards, and/or any misrepresentation of any information furnished to DealMate or its affiliates may result in your DealMate account being flagged for suspicious activity and suspended or terminated and any cashback accumulated being forfeited.
You are responsible for regularly checking your account to ensure cashback has been properly credited and that your account balance is up to date. You must notify DealMate of any omissions, incorrect entries, or discrepancies concerning any transaction within 30 days after that transaction. DealMate reserves the right not to correct any omissions, incorrect entries or discrepancies brought to its attention after the 30 days.
Among services offered by DealMate is the opportunity to earn cashback on purchases made at our various merchant partners through our various DealMate Platforms. Creating and maintaining an account with DealMate is required before a user can start earning cashback. Crediting of cashback is also subject to the various terms, conditions, and requirements, express or implied, associated with the crediting of cashback in general or terms, condition and requirements associated with the individual promotions that would be applicable. These terms, conditions, and requirements include but are not limited to:-
- Requiring the user to have cookies enabled throughout when accessing the DealMate Platforms and subsequently the merchant partner’s website;
- Not opening a separate tab or browser while accessing the DealMate Platforms and subsequently the merchant partner’s website;
- Ensuring that after being redirected to the merchant partner’s website, the user completes the transaction before proceeding to any other website;
- Completing the purchase on the merchant’s website within a given period time;
- Not engaging in any fraudulent or dishonest conduct and/or abiding by the terms of this Agreement or any other terms and conditions stipulated by DealMate or the applicable merchant partner;
In addition, certain purchases may be excluded from cashback. In general, cashback is earned on the net purchase amount excluding shipping and handling. However, cashback amounts and exclusions vary from merchant partner to merchant partner and individual promotions may contain specific exclusions. Please review these terms carefully. These exclusions are subject to change without notice, and DealMate hereby disclaims any liability in connection with any incorrect information or failure to include information on the list of exclusions. Some examples of typical exclusions include (but are not limited to):
- cashback not being eligible when purchasing promotional items or using other discount codes, coupons, or other promotions;
- cashback only being eligible when the transaction is completed using specified payment methods; and
- Different tiers of eligible cashback for different users (e.g. different tiers of cashback for new users and existing users)
Merchant Partner Policies
Any products or services purchased from any merchant partner, whether through DealMate or otherwise, is governed by and subject to the applicable merchant partner’s policies and terms and conditions, including but not limited to the applicable return, cancellation, exchange, and shipping policies. You agree that we are not agents of any merchant partner and that the merchant partner operates independently and not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any merchant partner is solely between you and that merchant partner. We do not assume any liability, obligation, or responsibility for any part of such correspondence, offer, or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. DealMate is not responsible for changes to, or discontinuance of any merchant partner from any of DealMate’s platforms or the termination of any promotion offered by any merchant partner on any of DealMate’s platforms, or for any effect on accrual of cashback caused by such changes, discontinuance, or withdrawal. DealMate assumes no responsibility and shall not be liable for any content, product, and/or services on the merchant’s platforms (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services do not breach any laws or regulations).
Top-ups and Deductions
DealMate reserves the right from time to make top-ups and deductions from the balance in a user’s account where it is necessary, reasonable, or expedient to do so. This includes (but is not limited to) situations where cashback has been incorrectly credited into a user’s account and/or where a user is found to have acted fraudulently, dishonestly, or in contravention of the terms of this Agreement.
You may redeem your cashback at any time subject to the terms and conditions of this Agreement or the specific conditions that relate to the individual entries in your account. You must have accumulated cashback relating to a dollar value more than or equal to the minimum redemption amount indicated and communicated from time to time. To redeem your cashback, you must maintain an active account and provide the minimum relevant information required to process the redemption (e.g. a valid bank account number or a Paypal account). For security purposes, the redemption of cashback is limited to RM300 per 24h period.
Nature of cashback
For the avoidance of doubt, you do not gain any proprietary right over any monies or assets held by DealMate when you earn cashback in your account. The cashback accrued in your account does not constitute monies held on trust by DealMate for your benefit. Your rights and entitlements are solely limited to such personal or contractual rights of repayment as may arise out of this Agreement.
Termination of Account
The cashback accumulated in your DealMate account shall expire if your account remains inactive (i.e. no successful transactions are made through DealMate) for more than a year. DealMate reserves the right to suspend or terminate your account under Clause 13 below or where it is necessary or reasonable to do so to comply or satisfy and law, regulation or court order.
Personal Data Protection
Bonuses and Reward
DealMate periodically offers bonuses or rewards for performing certain actions (such as referring new users to DealMate). The terms and conditions accompanying such offers will govern how they are earned and paid. You are prohibited from bidding on keywords containing "DealMate" or other similar words or marks to drive traffic to your page. You shall not send any paid traffic directly to your referral link. You may not include your referral link or distribute your referral link on any website or platform that does not belong to you, such as social media pages belonging to merchants or forum pages belonging to third parties.
You are responsible for any taxes that may apply to amounts earned from cashback you have redeemed. DealMate makes no representation as to the tax treatment of such amounts.
DealMate may suspend or terminate your account if it has reason to believe are involved in any fraudulent, or dishonest activities. Any failure to comply with this Agreement, any fraud, dishonesty or abuse relating to the use of the services or your account, or any misrepresentation of any information furnished to DealMate or its affiliates by you or anyone acting on your behalf may result in the termination of your account and forfeiture of your accrued cashback rewards.
Third Party Rights
A person who is not a party to this Agreement has no right to enforce any terms of this Agreement.
By becoming a DealMate user, you agree to receive communications that are account and user-related (e.g. that we’ve added cashback to your account, that we have paid out money to your bank account) as well as periodic shopping-related e-mails that highlight coupons or special deals available to DealMate users. We may communicate with you regarding your account by electronic communications or direct mail using the information you provide during the registration process. Your consent to receive electronic communications include any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us apprised of your current e-mail address should the same change after the date you become a Member. We may also send you to push notifications if you install the mobile application.
All rights, title, and interest in the Services, the DealMate Platforms, and the Content associated with or on the same belong to DealMate or its licensors. Additionally, DealMate shall maintain all rights, title, and interest in "DealMate", the logo, and any other marks, service marks, trademarks, or logos of DealMate (the "DealMate Marks") that are registered in Malaysia. The DealMate Marks may not be used in connection with any non-DealMate product or service in any manner that is likely to confuse customers, or in any manner that disparages or discredits DealMate. You shall not by any means bid on, apply for, register, own or control any keywords or marks containing "DealMate" or anything substantially similar to "DealMate" or any other DealMate Mark including, without limitation, DealMate.com, DealMate.sg, DealMate.com.sg DealMate.my, DealMate.co.id, DealMate.ph, DealMate.co.th, myDealMate.co.th, DealMate.co.tw, and DealMate.com.au with any search engine, domain service provider, or any intellectual property office whatsoever. You shall not mention or use DealMate in any ad text, extension, or banner ad without the express written consent of DealMate. All other trademarks not owned by DealMate that are used in providing the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DealMate.
By creating a DealMate account, you are becoming a member of a community that depends on the goodwill and responsible behaviour of each of our users. Users are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Services, the DealMate Platforms, our employees, contractors or agents, our merchant partners, or other users. This includes communications utilizing social media or other internet posts which violate the above community standards or promote or encourage gaming or fraudulent behaviour. Users who violate this provision, as determined by us in our absolute discretion, may have the accounts suspended or terminated without prior notice.
You agree to indemnify DealMate, any merchant partners, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any claims, damages, losses, and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
The Services, content, and the DealMate Platforms are provided "as is" and without warranty of any kind, express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. We make no warranty as to the quality, accuracy, currentness, completeness, reliability, or validity of the Services, content, or the DealMate Platforms, including without limitation, any product search results, product descriptions, product availability, pricing information advice, opinion, statement, recommendations, or other information displayed, uploaded or distributed in connection with the Services. DealMate does not warrant that the functionality of the DealMate Platforms will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful content. Further, DealMate does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any products or services offered or provided by its affiliate stores in conjunction with the services.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall DealMate be liable for any special, incidental, consequential, exemplary, punitive, or other indirect damages or any lost profits, lost data, or loss of use damages, even if it has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, DealMate’s maximum aggregate liability arising out of this agreement will not exceed S$100.
Governing Law and Arbitration
This Agreement, including any amendments thereto that DealMate may from time to time make at its discretion, is governed by and construed following the laws of Malaysia. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre ("AIAC"), formerly known as Kuala Lumpur Regional Centre for Arbitration, under the Arbitration Rules of the Asian International Arbitration Centre ("AIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Malaysia. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. You agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation, and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
You may not assign your rights and obligations under this Agreement, in whole or in part, without prior written consent, and any such assignment without such consent will be null and void.
Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.
Waivers / Severability
Any failure to enforce any provision of this Agreement on the part of DealMate will not be deemed a waiver of that provision. Any waiver of any provision of this Agreement by DealMate on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
This Agreement (together with the additional terms and conditions referred hereto or generally) represents the entire agreement of the parties concerning the subject matter hereof, and supersedes all prior or contemporaneous agreements and representations, written or oral. We reserve the right to modify this Agreement at any time. Your continued use of any of the DealMate services or continued maintenance of an account with DealMate shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.