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Terms & Conditions
Call us at +603-78806858 or inquire via email to rtech.sales@rhythm.com.my PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING ANY CTE LOYALTY SERVICE. THE USE OF ANY CTE LOYALTY SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED. Purpose of Agreement The CTE Loyalty Services are made available to you by Rhythm Technologies Sdn Bhd and Way Systems Inc subject to the following Terms of Service. Rhythm Technologies and Way Systems may also offer other services that are governed by a different Terms of Service. Rhythm Technologies and Way Systems provide the services only to persons who are above 18 years of age. By using the services you represent that you are 18 years or older. Description of Service Rhythm Technologies and Way Systems provide users with access to an array of services related to customer loyalty program operations, e.g. transaction tracking, membership information tracking, reward engine, member communication etc. (the "Service" and "Services"). You may connect to the service using Internet browser, designate terminal or 3rd party system. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services. You may create, edit and operate your own customer loyalty program in your Accounts. You are responsible for the contents of your Account and your commitment to your customer. Rhythm Technologies and Way Systems shall not be responsible for deletion, failure to store or unauthorized access to the contents of your Account. The rules, reward mechanism, communication with your customers etc of the Accounts are created by persons over whom Rhythm Technologies and Way Systems does not exercise any control and Rhythm Technologies and Way Systems does not assume responsibility for the same. Subscription to Beta/Free Service Rhythm Technologies and Way Systems may offer certain services as closed or open beta/free services (the "Beta/Free Service") for the purpose of testing and evaluation. Rhythm Technologies and Way Systems shall have the sole authority and discretion to determine the period of time for testing and evaluation of the Beta/Free Service. Rhythm Technologies and Way Systems shall be the sole judge of the success of such testing and the decision, if any, to offer any of the Beta/Free Service as a commercial service. You will be under no obligation to acquire a subscription to use any commercial service as a result of your use the Beta/Free Service. Rhythm Technologies and Way Systems reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the Beta/Free Service (or any part thereof) with or without notice. You agree that Rhythm Technologies and Way Systems shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Beta/Free Service for any reason. Modification of Terms of Service Rhythm Technologies and Way Systems may modify these Terms of Service upon notice to you at any time. These modifications may include, without limitation, payment for the Services. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website http://ondemand.cteloyalty.com/termservice.php. In the event Rhythm Technologies and Way Systems modify these Terms of Service, you may terminate your use of any or all of the Services. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service. Member Registration Obligations In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process; and b) maintain and promptly update your Registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Rhythm Technologies and Way Systems have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Rhythm Technologies and Way Systems have the right to terminate your Membership and refuse current or future use of any or all of the Services. Personal and Account Information and Privacy Personal and Account information you provide to Rhythm Technologies and Way Systems through the Service is governed by CTE Loyalty Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the CTE Loyalty Privacy Policy. You are responsible for maintaining the confidentiality of your Account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify Rhythm Technologies and Way Systems immediately of any unauthorized Account use at rtech.support@rhythm.com.my and/or support@cteloyalty.com. Rhythm Technologies and Way Systems are in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Member Account, or otherwise. Communications from Rhythm Technologies and Way Systems The Service may include certain communications from Rhythm Technologies and Way Systems, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving mails from us. However, this may prevent us from providing effective service to you. Fees and Payments Rhythm Technologies and Way Systems reserve the right at any time to change or modify fees for access to portions or whole of any or all of the Services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time Rhythm Technologies and Way Systems require a fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your account before such charges are imposed. If you elect not to pay any fees charged by Rhythm Technologies and Way Systems, Rhythm Technologies and Way Systems shall have the right to cease providing the Service to you. Restriction of use In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the services; (ii) provide any service based on the services; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post any third party link sites including their logo, company name, etc. without their prior written permission; or (v) use the services for spamming and illegal purposes. Spamming and illegal activities You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. Rhythm Technologies and Way Systems reserve the right to terminate the services if Rhythm Technologies and Way Systems believe that you have used the services for any illegal or unauthorized activities. Trademark WaySystems, WaySystems logo, CTE Loyalty, CTE Loyalty logo, the names of different CTE Loyalty Services and their logos are trademarks of Way Systems Inc. Rhythm is a registered trademark of Rhythm Consolidated Berhad. You agree not to display or use, in any manner, the Rhythm and Way Systems trademarks, without Rhythm and Way Systems’ prior permission. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. Rhythm Technologies and Way Systems EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Rhythm Technologies and Way Systems MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM Rhythm Technologies and Way Systems, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Rhythm Technologies and Way Systems BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF Rhythm Technologies and Way Systems HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Rhythm Technologies and Way Systems RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. The exclusion or limitation of liability for consequential or incidental damages may not apply to you if your state does not permit such exclusion or limitation of liability. Indemnification You agree to indemnify and hold harmless Rhythm Technologies and Way Systems, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the Services. Arbitration Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Singapore Arbitration Center. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Singapore and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Rhythm Technologies and Way Systems may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. Termination You agree that Rhythm Technologies and Way Systems may terminate your Member Account and access to the Services for reasons including, but not be limited to, breaches or violations of these Terms of Service or the CTE Loyalty Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law. At Rhythm we respect your need for online privacy and protect any information that you may share with us, in an appropriate manner. Our practice as regards use of your information is as set forth below. As a condition to use of our services, you consent to the terms of the CTE Loyalty Privacy Policy as it may be updated from time to time. Information Recorded and Use: Personal Information During the Registration Process for creating a CTE Loyalty Account, we request for your name and email address. You will also be asked to choose a unique username and a password, which will be used solely for the purpose of providing access to your CTE Loyalty Account. Upon registration you will have the option of choosing a security question and an answer to the security question, which if given, will be used solely for the purpose of resetting your password. Your name and email address will be used to inform you regarding new services, releases, upcoming events and changes in this privacy policy Your Customers' Information Your customers' information, including their person profile, transaction history etc, belongs to you at any time. We assure you that all such information will not be disclosed to anyone other than you and your designated personnel. This information will not be accessible to employees of Rhythm or its partners except designated system administrator for maintenance purpose. Upon termination of your account with us, all your customers' information will be exported as commonly accessible database file and return back to you, after which that information will be permanently deleted from our servers. Account Usage Details Your Account Usage Details such as time, frequency, duration and pattern of use, features used and the amount of storage used will be recorded by us in order to enhance your experience of the services and to help us provide you the best possible service. Contents of your Account We store and maintain files, documents, to-do lists, emails and other data stored in your Account at our facilities or any other country. Use of CTE Loyalty Services signifies your consent to such transfer of your data outside of your country. In order to prevent loss of data due to errors or system failures, we also keep backup copies of data including the contents of your Account. Hence your files and data may remain on our servers even after deletion or termination of your Account. We assure you that the contents of your Account will not be disclosed to anyone and will not be accessible to employees of Rhythm or its partners. Neither do we process the contents of your Account for serving targeted advertisements Financial Information In case of services requiring payment, we request credit card or other payment Account information, which will be used solely for processing payments. Your Financial Information will not be stored by us. Subject to your prior consent and where necessary for processing future payments, your Financial Information will be stored in encrypted form on secure servers of reputed Payment Gateway Service Provider. Visitor Details We use the Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in our log files to analyze the trends, administer the websites, track visitor's movements and to improve our website. Cookies We use temporary and permanent cookies to enhance your experience of our services. If you have turned cookies off, you may not be able to use registered areas of the websites. Links from our website Some pages of our websites contain external links. You are advised to verify the privacy practices of such other websites. We are not responsible for the manner of use or misuse of information made available by you at such other websites. We encourage you not to provide Personal Information, without assuring yourselves of the privacy policy of other websites. With whom we share Information We will obtain your prior specific consent before we share or disclose your personally identifiable information or your customers' information to any person outside Rhythm or its partners. We may share generic aggregated demographic information not linked to any Personal Information regarding visitors and users with our business partners and advertisers. Please be aware that as an Internet Service Provider, laws in various jurisdictions in which we operate may obligate us to disclose user information and the contents of the Accounts to the local law enforcement authorities under specifically defined circumstances. How secure is your Information We adopt appropriate data collection, storage and processing practices and security measures, as well as physical security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Information, username, password, transaction information and data stored in your Account. Rhythm is also a payment-gateway operator: we apply the same level security requirement to CTE Loyalty system as our banking related systems. Approved Access to your information is restricted to our employees who need to know such information in connection with our services and are bound by confidentiality obligations. Your Choice in Information Use You will be required to register for our services by providing Personal Information. If you choose not to provide your Personal Information, we will be unable to provide you the services. We do provide you with the option of opting out from receiving mails from us; however, you will not be able to receive email notifications of new services, releases, upcoming events and changes to the CTE Loyalty Privacy Policy. In the event we decide to use your Personal Information for any purpose other than as stated in this Privacy Policy, we will offer you an effective way to opt out of the use of your Personal Information for those other purposes. Accessing, Updating and Removing Personal Information We provide users with access to their personally identifiable information. Users may correct, update or remove any such personally identifiable information either through their CTE Loyalty Account or by contacting CTE Loyalty Customer Support Services. Such changes may take up to 48 hours to take effect. Enforcement of Privacy Policy We make every effort including periodic reviews to ensure that Personal Information provided by you is used in conformity with this privacy policy. If you have any concerns regarding our adherence to this policy or the manner in which Personal Information is used for the purpose of providing the services, kindly contact our CTE Loyalty Customer Support Services at rtech.support@rhythm.com.my and/or support@cteloyalty.com. We will contact you to address your concerns and we will also co-operate with regulatory authorities in this regard if needed. Notification of Changes Any changes to the CTE Loyalty Privacy Policy will be posted on our websites in order to keep you informed of any changes in nature of information collected, manner of collection, use and sharing of information. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify you by email and provide you with the ability to opt out of these new uses unless you have opted out from receiving email notifications from us. You will not receive email notification of minor changes to the CTE Loyalty Privacy Policy. If you are concerned about how your information is used, you should check back at our operating partner Way Systems Solutions Pte Ltd Singapore http://ondemand.cteloyalty.com/privacy.php periodically. End of Privacy Policy If you have any questions or concerns regarding this privacy policy, please contact us at rtech.support@rhythm.com.my or directly to our operating partner Way Systems Solutions Pte Ltd Singapore support team, support@cteloyalty.com.
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