Terms & Conditions

Effective on 1st June 2014

These Terms and Conditions of Service ("Terms of Service") govern your account on Offpeak.my, Offpeak.my mobile site (the "Offpeak.my Sites" or the "Sites"), and Offpeak.my mobile apps (the "Offpeak.my Mobile Apps" or the "Apps") and your use of the Sites and all products and services provided through the Offpeak.my Sites. Offpeak.my is operated by Off Peak Hub Sdn Bhd ("Offpeak.my," "we", or “our”) and provides the content posted on the Sites subject to the following Terms of Service.

These Terms of Service incorporate the entirety of the Offpeak.my Privacy Policy posted on the Sites. Please read these Terms of Service carefully. By accessing and using the Sites, you agree to be bound by these Terms of Service. You may not use the Sites if you do not accept the Terms of Service.

Offpeak.my reserves the right to add to, delete, or change the Terms of Service at any time at its sole discretion, without notice. As such, you should check these Terms of Service from time to time for such changes.

1. Definitions

A. Parties
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to Offpeak.my.

B. Content
"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 Site, 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 Site. "Offpeak.my Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Offpeak.my or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Offpeak.my Content.

2. Changes to the Terms of Service

We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

3. Using the Site

A. Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

B. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

C. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. 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. Offpeak.my will not be liable for any loss 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 incurred by Offpeak.my or another 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.

Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to 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 sites, or allow other sites to share information about you with Offpeak.my. Please read our Privacy Policy for more information.

E. Communications from Offpeak.my and other Users
By creating an account, you agree to receive certain communications in connection with the Site. You may receive our weekly e-mail newsletter about offers or happenings in town. You can opt-out of non-essential communications here.

A copy of Offpeak.my Privacy Policy that applies to the collection, use, disclosure and other processing of personal information by Offpeak.my are posted on the Sites. These Terms of Service incorporate the entirety of the Offpeak.my Privacy Policy. You consent to any personal information we may obtain about you (either via the Offpeak.my Sites, by email, telephone, or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.

4. Site Content

A. Responsibility for Your Content
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. You may not imply that Your Content is in any way sponsored or endorsed by Offpeak.my.

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.

B. Our Right to Use Your Content
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, sub licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Offpeak.my and its users any claims and assertions of 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.

C. Ownership
As between you and Offpeak.my, you own Your Content. We own the Offpeak.my 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 Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Offpeak.my Content and the Site, 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 Offpeak.my 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 Site and the Offpeak.my Content are retained by us.

D. Advertising
Offpeak.my 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.

E. Other
User Content (including any that may have been created by users employed or contracted by Offpeak.my) does not necessarily reflect the opinion of Offpeak.my. 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.

5. Permitted Uses

The Sites are designed to offer users reservations with restaurant partners ("Restaurants"), which may include a discount. You agree not to use the Sites in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any Offpeak.my' server, or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any portion of the Sites, other accounts, computer systems, or networks connected to any Offpeak.my' 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 not intentionally made available to you on the Sites. You will not link to any part of the Sites if such activity is illegal, will cause damage to, or will otherwise harm Offpeak.my or any other party. Moreover, Offpeak.my reserves the right in its sole discretion to disable or otherwise terminate your use of the Sites, or any links you make to the Sites, or request you to do the same. Offpeak.my reserves all of its rights in the Offpeak.my Sites not expressly granted to you by these Terms of Service.

6. Your Conduct On Offpeak.my Sites

Offpeak.my Sites is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:

  • Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Offpeak.my account or in order to create multiple Offpeak.my accounts;
  • Attempting to access, or actually accessing, data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures;
  • Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Offpeak.my;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
  • Using frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
  • Using any Site content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
  • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Offpeak.my;
  • Reselling or repurposing your access to the Site or any purchases made through the Site;
  • Using the Site or any of its resources to solicit Site End Users, Restaurants or other business partners of Offpeak.my to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Offpeak.my, including without limitation, aggregating current or previously offered deals;
  • Collecting content from the Site, including but not limited to current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission;
  • Collecting the Personal Information, Statements, data or content of any Site End Users or Restaurants;
  • Using any End User or Restaurants information from the Site for any commercial purpose, including, but not limited to, marketing;
  • Accessing, monitoring or copying any content or information from this Site using any "robot," "spider," "scraper" or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
  • Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
  • Acting illegally or maliciously against the business interests or reputation of Offpeak.my, our Restaurants or our services; or
  • Hyperlinking to the Site from any other website without our initial and ongoing consent.

7. Reservations and Cancellation Policy

Reservations. Offpeak.my provides the reservation program to its customers but does not guarantee the reservations or discounts provided by the restaurant. Offpeak.my is not responsible for the service, eligibility, or termination of the restaurant or the restaurant’s reservation. Offpeak.my may terminate your use of the Sites and prohibit you from making further reservations for any reason and at sole discretion of Offpeak.my. Such actions include but are not limited to: changing the time or date of a reservation more than five times, contacting our restaurant partners directly to attempt to modify the time, date or other parameters of a reservation; arriving at a restaurant at a time or with a party size other than that specified in your reservation confirmation and requesting a discount; failing to cancel a reservation which you do not plan to attend ("no-showing"); committing fraud of any kind with regards to your obligation to pay the restaurant in full for services rendered.

Cancellations. Permitted cancellations may be made at least 10 minutes prior to your reservation.

8. Claim of Copyright Infringement

Offpeak.my respects the intellectual property of others. If you believe in good faith that any Site Content, or other matter posted on the Sites infringes the copyright in a work you own, please contact us with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  • Identification of the copyrighted work allegedly infringed;
  • Identifying information reasonably sufficient to allow determination by Offpeak.my of the location of the material that is allegedly infringing;
  • Information reasonably sufficient to permit Offpeak.my to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact Offpeak.my with our Contact Us form.

9. Links to Other Websites/Mobile Sites

The Sites may contain advertisements and/or links to other sites ("Third Party Sites"). These links are provided solely for the convenience of the users. Offpeak.my does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Sites or any products or services advertised on Third Party Sites. If you decide to leave the Sites and navigate to Third Party Sites, or install any applications, software or download content from any such websites or mobile sites, you do so at your own risk. Once you access a Third Party Site through a link on the Offpeak.my Sites, you may no longer be protected by these Terms of Service and you may be subject to the terms of service and other conditions of such Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the Offpeak.my Sites, or relating to any applications you use or install from such Third Party Sites. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Offpeak.my bears no responsibility for any action associated with any Third Party Site. Moreover, Offpeak.my does not imply an affiliation with any Third Party Site.

10. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of the Offpeak.my entities 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 site. By accessing or using the Site, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.

The Site is made available to you on an "as is", "with all faults" and "as available" basis, with the express understanding that the Offpeak.my entities may not monitor, control, or vet user content. As such, your use of the Site is at your own discretion and risk. The Offpeak.my entities make no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, the Offpeak.my entities are not liable to you for any loss or damage that might arise, for example, from the Site'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 site.

Offpeak.my is a service provider and transaction handler for third party merchants ("Merchants"). Offpeak.my is not the agent of any Merchant and takes no responsibility for the services or products for which Merchant provides. Offpeak.my makes no claims or promises with respect to any third party, such as Merchants, businesses or advertisers listed on the Site or the Site's Users. Accordingly, the Offpeak.my entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the Merchants, businesses or advertisers listed or featured on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.

Offpeak.my entities expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the Site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the Offpeak.my entities shall create a representation or warranty.

Your sole and exclusive right and remedy in case of dissatisfaction with the Site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the Site.

Offpeak.my entities' maximum aggregate liability to you for losses or damages that you suffer in connection with the site or these terms is limited to the lower of (i) the amount paid, if any, by you to the Offpeak.my entities in connection with the Site in the 12 months prior to the action giving rise to liability, or (ii) RM 50.

Offpeak.my entities 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.

Offpeak.my has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Sites, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Sites (or any part thereof) on any particular device or communications service. Offpeak.my has no obligation to provide you with notice of any such changes, and Offpeak.my is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Sites.

11. Indemnification

You agree to defend, indemnify, and hold harmless Offpeak.my from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the Sites. Offpeak.my reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Offpeak.my in asserting any available defenses.

12. Governing Law and Jurisdiction

The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Sites shall be governed by and construed in accordance with the laws of Malaysia. Both users and the Company shall submit to the exclusive jurisdiction of the courts of Malaysia

13. Termination

You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing Offpeak.my with a notice of termination here. Please review our Privacy Policy for information about what we do with your account when terminated.

We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

In the event of any termination of these Terms, whether by you or us, Sections 1 - 13 will continue in full force and effect, including our right to use Your Content as detailed in Section 4.

14. General Terms

We reserve the right to modify, update, or discontinue the Site 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 Site. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

The Terms contain the entire agreement between you and us regarding the use of the Site, 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 these Terms. Any failure on Offpeak.my's 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 sub licensable by you except with Offpeak.my'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.