By accessing or using Soulmates’s platforms services in any way, you agree to be bound by these Terms and Conditions (“T&C”), and our Privacy Policy which is available at https://www.soulmates.my.
a. You acknowledge and agree that the Service Provider reserve the right, from time to time, to make modification, deletions or additions to this T&C.
b. By selecting the Service Provider’s Booking Platforms to book premises within the specified shopping centres, you agree and consent that this T&C constitutes an agreement between you and the Service Provider.
For the purposes of the T&C, “Service Provider” refers Ikano Handel Sdn Bhd (Ikano Centres), Ikano Johor Jaya Sdn Bhd (Toppen Shopping Centre) and Ikano Corporation Sdn Bhd (IPC Shopping Centre) as the operator of the relevant premises, depending on the location of the relevant premises.
1. IDENTIFICATION & AUTHORIZATION
You warrant and represent that your personal details and contact details in relation to your identity is accurate, precise and complete; and agree, if upon any request at any time by the Service Provider, to present a valid, government-issued photo identification for verification purposes. You agree that, in any event you are the authorized representative of an individual, agent, sole proprietor, company, or entity; you have obtained the lawful authority via written authorization or consent from such individual, agent, sole proprietor, company or entity. You agree not to impersonate or represent intentionally or unintentionally, in any way whatsoever, any third party, individual, agent, sole proprietor, company or entity without lawful authority; or otherwise provide, submit or present any false and/or misleading information to the Service Provider.
If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to use the Platform and/or Services. If you are the parent or legal guardian of a minor using the Platform and/or Services, you must accept and comply with these Terms of Use on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.
2. USAGE OF SERVICES & ADDITIONAL SERVICES
2.1 Compliance
a. You agree to observe, adhere and comply strictly with this T&C, including all warranties, representations, instructions, whether express or implied and the terms of Privacy Notice and Rules of Regulations of the Service Provider.
b. You agree to observe, adhere and comply strictly with house rules governing your expected behaviour at the Centre (“House Rules“). The House Rules is available for inspection at the Centre and you acknowledge and agree that the House Rules may be revised from time to time. In general, you agree to not perform or cause to perform, do or cause to do any act that is or potentially will be disruptive, damaging or dangerous to the Service Provider and it’s assets and other members of the Service Provider, agents, guests, or any parties of the foregoing.
c. You agree that there are some services which may be subjected to additional guidelines, terms, conditions and/or rules, which will otherwise be communicated via any reasonable means by the Service Provider to you.
d. You agree that the nature of your business/service/offering conducted in Soulmate’s premises at Toppen Shopping Centre or IPC Shopping Centre are all obliged by the laws of Malaysia. Any form of illegal action conducted will be punished by the laws of Malaysia if found or reported.
2.2 Availability
a. The Service Provider will use commercially reasonable efforts to provide you the booking platform and premises during the Term.
b. You understand that if you are unable to peruse the booking system or premises due to any reasons whatsoever including
i) construction and/or renovation plans,
ii) difficulty in procuring any permits or permission necessary, or
iii) any disruptions, delays, emergency and/or any unforeseen events, you cannot challenge the validity of this T&C and/or make any request, claim or demand against the Service Provider for compensation or any other demand.
2.3 Modification
a. You acknowledge and agree that the Service Provider reserves its sole and absolute discretion to change, modify, amend, delete, add, and/or update any and all terms of services, house rules and the booking platform, including fee rates, payment method, payment obligations at any time, from time to time; and such changes, modifications, amendments, deletion, addition and/or updates will be duly communicated to you via any reasonable means at the discretion of the Service Provider and such changes, modifications, amendments, deletion, addition and/or updates shall take effect immediately upon such notice.
3. BOOKING FEES
a. All Fees must be paid in full amount according to the final amount based on different booking hours and premises selected.
b. All Fees paid are non-refundable for any reason whatsoever.
c. All Fees must be paid in the currency of Ringgit Malaysia or in other currency as may be agreed by the Service Provider.
d. For avoidance of doubt, you acknowledge that all payment to the Service Provider is subject to charges applicable from time to time.
4. TERM
This T&C will be effective starting from the Start Date of your booking and shall remain valid and legally enforceable throughout the term of your booking period unless terminated in accordance to this T&C (“Term”). If you wish to extend your Term of your booking period, you must inform the Service Provide in writing, which availability will be based on first come first served basis.
5. DEFAULT & TERMINATION
This T&C is an agreement and shall continue in force and effect until and unless otherwise terminated by either parties according to this T&C.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all your rights granted under these Terms of Use. Upon any termination of these Terms of Use, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Platform and/or Services in whole or in part. Any termination of your access to and use of the Platform and/or Services 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 we 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 Platform and/or Services or with any of our terms, conditions, rules, policies, guidelines, or practices, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services. In such circumstances of termination, any fees paid will not be refundable.
6. DEFAULT
Default will occur in the event of:
a. any breach on payment of Booking Fees as per clause 3 above; or
b. you failing, or if the Service Provider suspects for any reason whatsoever, that you fail to observe and comply with any of the provisions of this T&C; or
c. any reasons whatsoever not due to the fault of the Service Provider including to a breach of any warranty or representations set forth in this T&C and any material and immaterial breach of terms and conditions of the Rules & Regulations and/or House Rules as may be determined from time to time by the Service Provider; or
d. any breach of oral representations mutually agreed by the parties (if any), or
e. for any reason whatsoever attributable to you which is deemed not in the best commercial interest by the Service Provider, the Service Provider will then be given an option to terminate your booking period, and/or restrict your access into the Soulmates premises and/or discontinue your booking.
7. PARTIES’ OBLIGATIONS POST-TERMINATION/EXPIRY
Default will occur in the event of:
a. You agree that no payment in whatsoever amount is refundable and the Service Provider may exercise their rights and obligations to collect any Fee owing; and
b. You shall return all properties of the Service Provider, including all Access Device(s) (if any); and
c. You shall remove all your property, and (if any) your Affiliates’ (as herein defined) property at the Soulmates premises, including cupboards, drawers at the premises; and upon reasonable notice, the Service Provider reserves the right to dispose of any property remaining at the Soulmates premises.
8. INDEMNITY
Without prejudice to any other rights and remedies which the Service Provider may have under this T&C and in law, you and your employers, employees, agents, independent contractors, sole proprietor, assignees, invitees, guests, affiliates; and in the event you are a Company, your parent holding company and subsidiaries of the parent company, its subsidiaries, directors, shareholders, employers, employees, agents, independent contractors, sole proprietor, assignees, affiliates (“Affiliates“) undertake to indemnify and hold harmless the Service Provider on full cost basis against all and any claims, liabilities, suits, litigation, proceedings, prosecutions, fines, penalties, damages, deficiencies, losses, costs, and expenses, special, incidental, exemplary, punitive or monetary damages, loss of profits, expectation or reliance loss, which may be brought, instituted or imposed, direct and indirect regardless on the form of action, whether in contract, tort, specific performance or otherwise (collectively hereinafter “Cause of Action”) on the Service Provider or which may be suffered or sustained by the Service Provider as a result or in connection to any breach of any warranties, representations and agreements made by you herein. You undertake to indemnify and hold harmless of the Service Provider against all and any Causes of Action initiated from the usage of the Soulmates platform and premises including but not limited to physical damages on the property, physical injuries, food poisoning, loss or theft of intellectual property, loss or damage of data from electricity outage, door access problems, software, non-functioning or air-conditioner and non- functioning of lights. You agree to indemnify the Service Provider against any damage, liability, loss, cost and expenses incurred by any persons, guests or strangers who was brought into the Soulmates premises by you and you shall not provide any authorization, consent, instructions, undertaking or settlement that requires a material act or admission by the Service Provider without prior written consent of an authorised personnel of the Service Provider; and you hereby indemnify and hold harmless the Service Provider against such authorization, consent, instruction, undertaking or settlement.
9. DISCLAIMER
The Soulmates platform and premises are provided at a “as is where is” basis and the Service Provider disclaim all conditions and warranties, express and/or implied, with respect to
a. Services, including but not limited to representations, by any means, as to the availability, accessibility, operation, performance of Services, or any other products or services accessed via the Services;
b. Commercial and non-commercial merchantability, quality, fitness, purpose, title, non-infringement, any implied terms and warranties of Services; and
c. Indemnification arising from course of dealing, course of performance or trade in connection with this T&C.
10. PERSONAL DATA PROTECTION ACT (“PDPA”)
The Service Provider will process and may disclose personal data including sensitive personal data (as defined in PDPA) relating to you and your Affiliates, and you consent to the processing and disclosure of such data. You agree to keep the Service Provider informed of any changes to the data at all material times. In any event, should such necessity arises to obtaining consent, authorization or permission of any of your Affiliates in relation to processing and disclosure of personal data including sensitive personal data (as defined in PDPA), such consent, authorization or permission is deemed to have been obtained by you unless communicated otherwise to the Service Provider.
11. CONFIDENTIALITY
You shall also keep confidential and not disclose or make use of any part of the Service Provider’s Intellectual Property Rights or the Service Provider’s Know-How or any other confidential information relating to the Services provided by the Service Provider (except to the extent that the Service Provider’s Know-How or any part thereof has come into the public domain otherwise than through unauthorised disclosure by you).
“Intellectual Property Rights” means all applicable rights, title, interests and benefits thereto including, without limitation, patents, copyrights, trademarks, trade secrets, trade name, logo, patent, invention, registered and unregistered design rights, copyrights, database, database rights and all other similar intellectual property rights including, without limitation, all copies, customisation, modifications, enhancements, versions, reproductions or translations of the Service Provider.
“Know-How” means all confidential and proprietary industrial and commercial information and techniques in any form, including but not limited to, drawings, formulae, test, results, procedures, project reports and testing procedures, instructions, training manual, market forecast, and list of particulars of potential competitors, suppliers and members.
12. CONTACT
The Service Provider can be contacted at
Ikano Handel Sdn Bhd (Ikano Centres): 2, Jalan PJU 7/2, Mutiara Damansara, 47800 Petaling Jaya, Selangor Darul Ehsan, Malaysia.
Ikano Johor Jaya Sdn Bhd (Toppen Shopping Centre): 33A, Jalan Harmonium, Taman Desa Tebrau, 81100 Johor Bahru, Johor, Malaysia.
Contact No: (607) 277 3188
Email: customer.toppen@ikano.asia
Ikano Corporation Sdn Bhd (IPC Shopping Centre): 2, Jalan PJU 7/2, Mutiara Damansara, 47800 Petaling Jaya, Selangor Darul Ehsan, Malaysia.
Contact No: (603) 7730 0333
Email: dpo.ipc@ikano.asia
13. NATURE OF T&C
Nothing in this T&C shall be construed as creating a landlord-tenant, lessor-lessee or partnership. Nothing in this T&C shall be construed as granting to you or your Affiliates any title, easement, lien, possession or related rights, tenancy interest, leasehold estate or any property interest at the Centre, Space or Services and the parties agree throughout the Term and upon termination of expiration of this T&C, whichever later, the Space always remain the property of the Service Provider.
14. SUCCESSORS & ASSIGNS
This T&C shall be binding upon and inure for the benefit of the respective heirs, personal representatives, successors-in-title, permitted assigns or affiliates, as the case may be, of the parties but shall not be assignable by any party without the prior written consent of the other.
15. AMENDMENTS & ADDITIONS
No amendment, variation, revocation, cancellation, substitution or waiver of, or addition or supplement to, any of the provisions of this T&C shall be effective unless it is consented in writing by the Service Provider.
16. INVALIDITY & SEVERABILITY
If any provision of this T&C is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then-
a. such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
b. the remaining provisions of this T&C shall remain in full force and effect; and
c. the parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible of the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
17. WAIVER
A party waives any right under this T&C only if it does so in writing. A party does not waive any right simply because it –
a. Fails to exercise the right;
b. Delays exercising the right; or
c. Only exercises part of the right.
A waiver of one breach of a term of this T&C does not operate as a waiver of another breach of the same term or any other term.
18. FURTHER ACTION
Each party must promptly sign any document and do anything else that is necessary or reasonably requested by the other party to give full effect to this T&C.
19. KNOWLEDGE & ACQUIESCENCE
Knowledge or acquiescence by any party of, or in, any breach of any of the provisions of this T&C shall not operate as, or be deemed to be, a waiver of such provisions and, notwithstanding such knowledge or acquiescence, such party shall remain entitled to exercise its rights and remedies under this T&C, and at law, and to require strict performance of all of the provisions of this T&C.
20. LAW
This T&C is governed by, and construed in accordance with, the laws of Malaysia.