These terms of use (“Terms of Use”) shall govern the access and usage by any user of any website, mobile site and/or applications (“Website/Apps”) by us as well as all products and/or services made available by us on or through the Website/Apps. The Website/Apps is owned and operated by 3cat Sdn Bhd (202201026584) and its affiliates (individually and collectively, "3cat" "we", “us” or “our”). References to these Terms of Use shall include all subsequent variation and amendments made thereto.
To the extent permitted by law and unless provided otherwise herein, 3cat specifically excludes any and all liability for any loss, damage, claims, costs and expenses no matter how arising from the use of any the Website/Apps.
By you accessing and using the Website/Apps, you acknowledge and agree that you have read and understood:
(a) the following Terms of Use;
(b) the Privacy Policy (accessible at https://3cat.my/privacy-policy/ );
(c) the Shipping Policy (accessible at https://3cat.my/shipping-policy/ ); and
(d) the Warranty, Refund & Return Policy (accessible at https://3cat.my/refund-policy/ );
(collectively, “Terms”).
By accessing and using the Website/Apps, you agree irrevocably to be bound by all of the Terms governing the use of the Website/Apps.
You shall not access or use the Website/Apps if you do not accept the Terms.
"You" and "your" refer to you, as a user of the Website/Apps. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Website/Apps. “3cat”, "we," "us," and "our" refer to 3cat Sdn Bhd.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Website/Apps, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Website/Apps. "3cat Content" means Content that we create and make available in connection with the Website/Apps. "Third Party Content" means Content that originates from parties’ other than 3cat or its users, which is made available in connection with the Website/Apps. "Website/Apps Content" means all of the Content that is made available in connection with the Website/Apps, including Your Content, User Content, Third Party Content, and 3cat Content.
3cat reserves the right to modify and change any of the Terms including these Terms of Use at any time. The most current version of these Terms will be published on the Website/Apps. Any such modification will be effective upon our posting of the revised Terms or Terms of Use on the Website/Apps. You understand and agree that your continued access to or use of the Website/Apps after the effective date of modifications to the Terms or Terms of Use will constitute your agreement and acceptance of the modified and changed Terms or Terms of Use, and your use of the Website/Apps will be bound by such modified and changed Term or Terms of Use.
We grant you permission to use the Website/Apps subject to your acceptance and agreement to the Terms. For the avoidance of doubt, any usage or reliance by you of the Website/Apps and any products and services made available on the Website/Apps shall strictly be at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Website/Apps may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You may be required to must create an account (“Account”) or provide certain information about yourself in order to use some of the features that are offered through the Website/Apps. You are responsible for maintaining the confidentiality of your accounts and its password (if any). You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your account. 3cat will not be liable for any loss or damage that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses or damages incurred by 3cat or other third party due to someone else using your account. You may not use anyone else's account at any time.
We reserve the right to close your account at any time for any or no reason. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Website/Apps. 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 of information to the Website/Apps. We may, but shall not be obligated to, remove or edit any submissions of information by you. If you use a pseudonym, please take note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other websites, or allow other websites to share information about you with 3cat. Please read our Privacy Policy at https://3cat.my/privacy-policy/ for more information.
By using our Website/App, you agree to receive certain communications in connection with the Website/Apps. You may receive our weekly email newsletter. You can opt-out of non-essential communications.
You should also refer to Privacy Policy on the collection, transfer, manipulation, storage, disclosure and other uses of your personal information. The Privacy Policy is made available on the Website/Apps at all times. The Terms of Use incorporate the entirety of the Privacy Policy. You consent to any personal information we may obtain about you (either via the Website/Apps, by email, telephone, or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.
Contents provided on the Website/Apps are solely for informational purposes.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. 3cat is not under any circumstances responsible for Your Content. You may not imply that Your Content is in any way sponsored or endorsed by 3cat.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We reserve the right, but shall not be obliged to:
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose.
Please note that you also irrevocably grant the users of the Website/Apps and any Other Media the right to access Your Content in connection with their use of the Website/Apps and any Other Media. Finally, you irrevocably waive, and cause to be waived, against 3cat and its users any claims and assertions of any rights, moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and us, you own Your Content. We own all of 3cat Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website/Apps Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website/Apps excluding Your Content, User Content and Third Party Content. We or where applicable, our affiliates or third party intellectual property owners also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the 3cat Content and the Website/Apps, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the 3cat Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website/Apps and the 3cat Content are retained by us.
3cat and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by users employed or contracted by 3cat) does not necessarily reflect the opinion of 3cat. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
You agree not to use the Website/Apps in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to our server, or interfere with any other party's use and enjoyment of the Website/Apps. You may not attempt to gain unauthorized access to any portion of the Website/Apps, other accounts, computer systems, or networks connected to any our server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information, through any means, which are not intentionally made available to you on the Website/Apps. You will not link to any part of the Website/Apps if such activity is illegal, will cause damage to, or will otherwise harm 3cat or any other party. Moreover, 3cat reserves the right in its sole discretion to disable or otherwise terminate your use of the Website/Apps, or any links you make to the Website/Apps or request you to do the same. 3cat reserves all of its rights in the Website/Apps not expressly granted to you by these Terms of Service.
The Website/Apps is a private property and fully owned by 3cat Sdn Bhd. All interactions on this Website/Apps must be lawful and must comply with the Terms and these Terms of Use. To the extent should your conduct (as judged by us in our sole discretion) restricts or inhibits any other user from using or enjoying any part of this Website/Apps, we may limit your privileges on the Website/Apps and seek other remedies.
PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, as they are prohibited on the Website/Apps and constitute express violations of the Terms of Use:
Please refer to our detailed guide on Warranty, Refund and Return Policy.
The Website/Apps may contain advertisements and/or links to other websites ("Third Party Websites"). These links are provided solely for the convenience of the users. 3cat does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Websites or any products or services advertised on Third Party Websites.
If you decide to leave the Website/Apps and navigate to Third Party Websites, or install any applications, software or download content from any such websites or mobile websites, you do so at your own risk. Once you access a Third Party Website through a link on the Website/Apps, in addition to these Terms of Use and you may be subject to the terms of service and other conditions of such Third Party Websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such website to which you navigate to from the Website/Apps, or relating to any applications you use or install from such Third Party Websites. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. 3cat bears no responsibility for any action associated with any Third Party Website. Moreover, 3cat does not imply an affiliation with any Third Party Website.
3cat respects the intellectual property of others. If you believe, in good faith, that any Website Content, or other matter posted on the Website/Apps infringes the copyright in a work you own, please contact us with correspondence containing the following:
Please read this section carefully since it limits the liability of 3cat to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the Website/Apps. By accessing or using the Website/Apps, you represent that you have read, understood, and agree to these terms, including this section.
The Website/Apps is made available to you on an "as is where is", "with all faults" and "as available" basis, with the express understanding that 3cat entities may not monitor, control, or vet user content. As such, your use of the Website/Apps is at your own discretion and risk. We make no claims or promises about the quality, accuracy, or reliability of the Website/Apps, its safety or security, or the Website/Apps content. We are not liable to you for any loss or damage that might arise, for example, from the Website's/App’s inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews, metrics or review filter found on, used on, or made available through the Website/Apps.
3cat provides a platform through which we and our customers (“Buyers”) may undertake commercial / sale and purchase transactions. Your purchase and use of products or services offered by 3cat through the Website/Apps is at your own discretion and risk.
Save as provided under our Warranty, Refund & Return, we expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the Website/Apps, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Your sole and exclusive right and remedy in case of dissatisfaction with the Website/Apps, related services, products or any other grievance shall be your termination and discontinuation of access to, or use of the Website/Apps.
Our liability for any claim hereunder shall be limited to those that you claim within a period of 10 days from the date of the event giving rise to such claim. We will not be responsible for any claim that is submitted by you to us after the said 10 days cut-off period.
We disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
3cat has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Website/Apps, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Website/Apps (or any part thereof) on any particular device or communications service. 3cat has no obligation to provide you with notice of any such changes, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Website/Apps.
You agree to defend, indemnify, and hold harmless 3cat from all liabilities, claims, demands, damages, losses, proceedings, penalties, fines, costs and expenses, including legal attorneys' fees that arise whatsoever that may be made against and/or sustained suffered or otherwise incurred whether directly or indirectly or however arising by any party whatsoever by reason of or arising out of or in connection with your usage of the Website/Apps and/or any product and/or services made available on the Website/Apps.
Malaysian law shall govern all transactions and be applied to construe for all purposes to which these terms apply and you shall submit to the jurisdiction of the court in Malaysia.
Any action arising out of these terms or in relation to the usage of the Website/Apps or any products and services made available on the Website/Apps shall be litigated in, and only in, courts located in Malaysia, and you agree to submit to the exclusive jurisdiction of those courts and further agree that they are the convenient forum for you.
In the event you have any dispute, controversy or claim against us arising out of the provision of our goods and services, you shall notify us in writing and the parties shall attempt to negotiate in good faith to resolve the matter. The provision of the said notice and subsequent negotiations shall be a condition precedent to any right of action against us in Court or otherwise.
In the event that any of these terms is held to be unenforceable, illegal or invalid, the remaining terms shall remain in effect and shall not be affected or impaired thereby.
You may terminate the Terms and Terms of Use at any time by closing your account or discontinuing your use of the Website/Apps.
We may close your account, suspend your ability to use certain portions of the Website/Apps, and/or ban you altogether from the Website/Apps for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Website/Apps, Your Content, Website Content, or any other related information.
We reserve the right to modify, update, or discontinue the Website/Apps at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Website/Apps.
The Terms contain the entire agreement between you and us regarding the use of the Website/Apps, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in the Terms. Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with 3cat’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
