The entity you are contracting with is SDPOOL TECHNOLOGY SDN. BHD. (1193451-D). In this User Agreement, the entity will be referred to as "SCOOPDEPOOL" "we," or "us."
Scoopdepool is a trendy online community platform which encompass fashion, technology, entertainment, home & living, etc. to enable all “scoopers” (usually known as users or purchasers) a fair opportunity to improve their lifestyles. Our products are genuine and legitimate where everyone has an equal opportunity to realize their wants.
While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not.
SCOOPDEPOOL Site services are only available to, and may only be used by individuals who are 18 and older who can form legally binding contracts under applicable laws.
If you are a minor, being someone who is under 18 years old, you can only use the SCOOPDEPOOL Site with the prior consent of your parents or guardian. In any event, by agreeing to use the Services on the SCOOPDEPOOL Site, you represent and warrant that you are 18 years or above.
By using the SCOOPDEPOOL Site, you understand that any information you send to the SCOOPDEPOOL Site may be intercepted or read by third parties even where there is notification that the transmission is encrypted.
SCOOPDEPOOL may at its sole discretion refuse to offer access to or use of the SCOOPDEPOOL Site to any person or entity and may change the eligibility criteria at any time without notice to you.
If we believe you are abusing SCOOPDEPOOL in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
- Copyright Policy;
- Prohibited or Restricted Activities and Products Policy;
- Cancellations and Returns Policy; and
- Statement of Intellectual Property Rights.
The SCOOPDEPOOL Site and all Contents of the SCOOPDEPOOL Site are Intellectual Property of SDPOOL TECHNOLOGY SDN BHD. All rights reserved.
Any redistribution or reproduction of part or all of the Contents in any form is prohibited other than the following:
- you may print or download to a local hard disk or memory device extracts for your personal and non-commercial use only; and
- you may copy the Content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic or mechanical methods.
Prohibited or Restricted Activities and Products Policy
You shall not engage in any or all activities that are restricted or prohibited by federal, state or local laws in any country or jurisdiction. This section provides a non-exhaustive list of prohibited and restricted activities and products that must be strictly observed by you. If you are a merchant, you are responsible for ensuring that you do not list, market, advertise, promote, negotiate, distribute and/or complete the sale and purchase of any product or engage in activities that are prohibited and/or restricted as set out in this section.
SCOOPDEPOOL may at its sole and exclusive discretion impose additional restrictions and prohibitions, and revise this section from time to time. It is your responsibility to check this section from time to time. You must not inter alia:
- engage in transactions relating to the infringement or violation of any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
- engage in activities that encourage, promote, facilitate or instruct others to engage in an illegal activity;
- engage in activities that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
- offer or engage in activities that offer financial services including money transfers, issuing bank guarantees and letters of loans, credit, fundraising or funding for investment purposes; and
Cancellations and Returns
Statement of Intellectual Property Right
All proprietary rights in the equipment (such as interfaces) and other materials used or made available by SCOOPDEPOOL in the performance of this Agreement, whether or not supplied to the user, shall remain with SCOOPDEPOOL or its licensors. The user shall only acquire such right of use as is explicitly granted under this Agreement. Users shall return them to SCOOPDEPOOL on demand, upon termination of this Agreement or user ceasing to continue services, whichever is earliest.
When purchasing a Scoop Point
, you agree to the rules for purchasers and that:
- You are responsible for reading the full item listing before committing purchase Scoop Points.
- You are responsible for reading the full item listing prior to committing to bid (hereafter known as “Scoop”).
- For motor vehicles and real estate, a scoop initiates a non-binding transaction to represent a buyer's serious expression of interest in obtaining the item and does not create a formal contract.
When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against SCOOPDEPOOL, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content. This includes your user-generated content, such as text review, photos, and videos, found on comment section on the website, various social media platform or any form of publication.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. SCOOPDEPOOL takes no responsibility and assumes no liability for any content provided by you or any third party.
While we try to offer reliable data, we cannot promise that the catalogues or other content provided through the Services will always be available, accurate, complete, and up-to-date. As a user, you agree that SCOOPDEPOOL is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogues and not to create any derivative works based on catalogue content (other than by including them in your listings).
The name "SCOOPDEPOOL" and its marks, logos, designs, and phrases may not be used without the express written prior permission of SCOOPDEPOOL.
Authorization to Contact You; Recording Calls
SCOOPDEPOOL may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by SCOOPDEPOOL to carry out the purposes we have identified above.
SCOOPDEPOOL may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with SCOOPDEPOOL or its agents for quality control and training purposes, or for its own protection.
Privacy of Others; Marketing
If SCOOPDEPOOL provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Scoop updates and other notification functionality in SCOOPDEPOOL's applications may not occur in real time. Such functionality is subject to delays beyond SCOOPDEPOOL's control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- your use of or your inability to use our Services;
- pricing, shipping, format, or other guidance provided by SCOOPDEPOOL;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any SCOOPDEPOOL Service;
- the content, actions, or inactions of third parties, including the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing SCOOPDEPOOL Section above.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due based on the PRODUCT scooped up to the price the item as showed on the PRODUCT DESCRIPTION, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) RM100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of SCOOPDEPOOL's Services or your breach of any law or the rights of a third party.
Use of Restrictions on the SCOOPDEPOOL Site
Non-Commercial Use and Downloading of Information
SCOOPDEPOOL authorises you to view and download the information and materials at the SCOOPDEPOOL Site only for your own personal and non-commercial use provided that you ensure all copyright and other proprietary notices contained in the original materials on any copies of the materials are maintained and preserved.
All materials downloaded or otherwise obtained through the SCOOPDEPOOL Site are done at your sole discretion and risk and you shall be solely responsible for any damage to SCOOPDEPOOL’s computer system or loss of data that may result from the download of any such material. No advice or information whether oral or written obtained by you from SCOOPDEPOOL or through or from the SCOOPDEPOOL Site shall create any warranty not expressly stated herein.
No Unlawful or Prohibited Use
You warrant that you, either by yourself or in concert with another, will not use the SCOOPDEPOOL Site for any and all of the following activities:
- act in any manner or take any action which could damage, disable, impair or overload the SCOOPDEPOOL Site, our infrastructure or interfere with any other party’s use and enjoyment of the SCOOPDEPOOL Site;
- probe, scan or test the vulnerability of the SCOOPDEPOOL Site or any network connected to the SCOOPDEPOOL Site, nor breach the authentication or security measures on the SCOOPDEPOOL Site, or any network connected to the SCOOPDEPOOL Site, and shall not reverse look-up, trace or seek to trace any information on any other user or visitor to the SCOOPDEPOOL Site, or any other customer of SCOOPDEPOOL, including any SCOOPDEPOOL account not owned by you, to its source or exploit the SCOOPDEPOOL Site or any service or information made available or offered by or through the SCOOPDEPOOL Site with the purpose of retransmitting to or from, or posting on the SCOOPDEPOOL Site any unlawful, threatening, defamatory, obscene, pornographic, or other material that would violate any law;
- use an anonymising proxy, any robot, spider, other automatic device, program, algorithm or methodology, or any similar or equivalent manual, semi-automated or automated- process to monitor, access, acquire or copy any portion of the SCOOPDEPOOL Site and/or Content, or in any way reproduce or circumvent the navigational structure of the presentation of the SCOOPDEPOOL Site and/or Content without our prior written permission;
- use any device, software or routine to interfere or attempt to interfere, attempt to interfere with the proper working of the SCOOPDEPOOL Site or any transaction conducted on the SCOOPDEPOOL Site, or involve any scheme to undermine the integrity of the data, systems or networks used by SCOOPDEPOOL or any user of the SCOOPDEPOOL Site or gain unauthorised access to any portion or feature of the SCOOPDEPOOL Site, or any other systems or networks connected to the SCOOPDEPOOL Site or to any SCOOPDEPOOL server, or to any of the services offered on or through the SCOOPDEPOOL Site by hacking or any other illegitimate means;
- obtain or attempt to obtain any information or materials through any means not intentionally made available or provided for through the SCOOPDEPOOL Site;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SCOOPDEPOOL on or through the SCOOPDEPOOL Site or any service offered on or through the SCOOPDEPOOL Site, and shall not represent or pretend that you are someone else, or impersonate any other individual or entity, or use another individual’s account without the express written consent of the said individual;
- facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate the SCOOPDEPOOL Site, any system, data or Information;
- act in a manner that is defamatory, trade libellous, threatening or harassing;
- engage in activities that violate any law, statute, ordinance or regulation;
- engage any act that infringes SCOOPDEPOOL’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- provide false, inaccurate or misleading Information and/or engage in potentially fraudulent or suspicious activity and/or transactions;
- disclose or distribute another user’s information to a third party, or use the information for marketing or promotional purposes unless you receive the user’s express written consent to do so; or
- use the SCOOPDEPOOL Site in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to SCOOPDEPOOL, you, other users or third parties; or engage in an activity that would otherwise create any liability for SCOOPDEPOOL and its Affiliates.
User Testimonials, Comments and Messages
The messages, comments, reviews and testimonials express the views of the users of the SCOOPDEPOOL Site and not necessarily the view of SCOOPDEPOOL. Content of messages, comments, reviews and testimonials of SCOOPDEPOOL Site’s users is neither created by, verified by nor adopted by SCOOPDEPOOL. SCOOPDEPOOL does not vouch for or warrant the accuracy, completeness or usefulness of the messages, comments, reviews or testimonials of the users on the SCOOPDEPOOL Site, and is in no way responsible for the contents of the messages, comments, reviews or testimonials which do not constitute SCOOPDEPOOL’s authorised literature. Only authorised literature produced and issued by SCOOPDEPOOL represents our position. Submissions posted by users on the SCOOPDEPOOL Site is not official SCOOPDEPOOL material and shall not be copied, quoted or otherwise reproduced and is not to be used in promoting, nor should it be relied upon in using the Products.
You agree to indemnify and hold us harmless against any claim or action brought by third parties arising out of or in connection with any messages, comments, reviews and testimonials posted by you on the SCOOPDEPOOL Site, including the violation of their privacy or Intellectual Property rights.
Protecting Your Password
You will be required to provide a username and password as part of our security measures in registering you on the SCOOPDEPOOL Site. You are solely responsible for the security and secrecy of your username and password and should not provide this information under any circumstances to anyone not expressly authorised by you to use your account. You accept sole responsibility for any act, omission or negligence in relation to the use of your account. You must immediately change your password if you have any reason to believe that your password has been compromised. SCOOPDEPOOL shall not be liable for any loss or damaged suffered by you in relation to the use of your account.
Most mobile devices provide you with information about permissions that you may grant to us for your device when you use SCOOPDEPOOL apps. Please refer to your mobile device’s manual for more information and instructions on permissions.
Cooperation and Investigations
Where you fail to do so and such failure results in delay in, suspension or termination of your account, or access to the SCOOPDEPOOL Site and the related services or any portion thereof, SCOOPDEPOOL shall not be obliged to extend the period for access to your account, the SCOOPDEPOOL Site nor shall be liable for any loss or damages arising from such delay, suspension or termination.
Disclaimer and Release
The SCOOPDEPOOL Site and the Content are provided on an “As is”, “With all faults” and “As available” basis. SCOOPDEPOOL and our Affiliates, our directors, officers, agents, joint ventures and employees disclaims all warranties (express, implied or statutory) including but not limited to any warranties on the accuracy, merchantability, suitability or fitness for a particular purpose, or non-infringement of intellectual property and completeness, accuracy, reliability or validity of the Products, information, Content and materials at the SCOOPDEPOOL Site. SCOOPDEPOOL does not promise that the SCOOPDEPOOL Site or any Content, Product description, information, material or feature of the SCOOPDEPOOL Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the SCOOPDEPOOL Site will provide specific results.
SCOOPDEPOOL attempts to be as accurate as possible. However, SCOOPDEPOOL does not control and is not liable to or responsible for the validity, accuracy, suitability, quality, safety, correctness, reliability, stability, description, lawfulness or availability of the Products offered for sale on the SCOOPDEPOOL Site. SCOOPDEPOOL does not represent or warrant that the manufacture, importation, offer, display, purchase, sale and/or use of the Products or related services offered or displayed on the SCOOPDEPOOL Site does not violate any third-party rights or relevant laws and SCOOPDEPOOL does not make any representation or warranties of any kind concerning any Product offered or displayed on the SCOOPDEPOOL Site. If a Product offered on the SCOOPDEPOOL Site is not as described, your sole remedy is to return it in unused condition for exchange of a new product fitting the description in the SCOOPDEPOOL Site.
You acknowledge that you are fully assuming the risks of conducting any purchase and sale transactions in connection with using the SCOOPDEPOOL Site or related services, and that you are assuming the risks or liability or harm of any kind in connection with subsequent activity of any kind relating to the products including but not limited to the delivery of the Products or related services (including taxes and issuance of tax invoices) that are the subject of transactions using the SCOOPDEPOOL Site and the usage of the Products. You agree that SCOOPDEPOOL and SCOOPDEPOOL Site shall not be liable or responsible for any damages, claims, liabilities, errors, inaccuracies, costs, harms, inconveniences, business disruptions, delays in delivery of the Products or expenditures of any kind that may arise as a result of or in connection with any such risks.
SCOOPDEPOOL does not guarantee continuous, uninterrupted or secure access to any part of the SCOOPDEPOOL Site, and operation of SCOOPDEPOOL Site may be temporarily suspended or interrupted for maintenance (whether routine or non-routine), error correction, upgrade or other changes, or interfered with by numerous factors outside of our control. SCOOPDEPOOL does not ensure that any files or other data downloaded from the SCOOPDEPOOL Site will be free of contamination, virus or destructive features.
SCOOPDEPOOL will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but SCOOPDEPOOL makes no representations or warranties regarding the amount of time needed to complete processing because these are dependent upon many factors outside of our control, such as delays in the banking system, communications or mail service.
SCOOPDEPOOL may make changes to the information, content, materials or feature at the SCOOPDEPOOL Site, or to the products and prices described in them, at any time without notice. The information, content or materials at the SCOOPDEPOOL Site may be out of date, and SCOOPDEPOOL makes no commitment to update the information, content or materials at the SCOOPDEPOOL Site. Content, materials or information published at the SCOOPDEPOOL Site may refer to products, programs or services that are intended for use only in a particular country and may not be used or relied upon in any other country save where otherwise provided.
Your remedy against SCOOPDEPOOL for dissatisfaction with the SCOOPDEPOOL Site or any Content, information or material is to stop using the SCOOPDEPOOL Site or any such Content, information or material.
SCOOPDEPOOL shall not be responsible for disputes between one or more users, or an outside party. If you have a dispute with another user, you release SCOOPDEPOOL, SCOOPDEPOOL Site, our Affiliates, officers, directors, agents and employees from any and all claims, demands and damages of any kind and nature, known and unknown, arising out of or in any way connected to such dispute.
- act of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
- import or export regulations or embargoes; or
- interruption of traffic, strike, lock-outs or other industrial actions or trade disputes (whether involving employees of either party or of a third party).
Upon the happening of any one of these events, SCOOPDEPOOL may at its discretion fully or partially suspend delivery/performance while such event or circumstances continues or terminate any order request so affected with immediate effect by written notice to you, and SCOOPDEPOOL shall not be liable for any loss or damage suffered by you as a result thereof.
SCOOPDEPOOL may terminate your account without prior notification. You can terminate your account at any time by writing to firstname.lastname@example.org
Governing Law and Dispute Resolution
In event of any dispute between SCOOPDEPOOL and you arising out of or in connection with your use of the SCOOPDEPOOL Site, the parties shall endeavour in good faith and promptly, to resolve any such dispute. If the parties are unable to resolve the dispute within sixty (60) days, then either party may submit the dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue legal recourse as each party considers proper and necessary in the courts of law in Malaysia. The stipulated process for mediation herein in no way constitutes a necessary pre-condition to the right of SCOOPDEPOOL to seek recourse in the courts of law, including commencing a legal action without resorting, convening or participating in any such mediation as stated herein.
Where there is dispute between a merchant and customer, because SCOOPDEPOOL is not the agent of the merchant or customer, SCOOPDEPOOL will not act as either party's agent in connection with resolving any disputes between the parties related to or arising out of any transaction. SCOOPDEPOOL urges merchants and customers to cooperate with each other to resolve such disputes.
Notice and Feedback
Any feedback you provide at this SCOOPDEPOOL Site is non-confidential.
All legal notices or demands to SCOOPDEPOOL shall be made in email and sent to email@example.com
. The notices shall be effective when they are received and acknowledged receipt by SCOOPDEPOOL in the above manner.
All legal notices or demands to you shall be effective if either delivered personally, by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by you to SCOOPDEPOOL. Notice to you shall be deemed to be served upon and received by you if and when SCOOPDEPOOL is able to demonstrate that communication whether in physical or electronic form has been sent to you.
All agreements, notices and other communications that SCOOPDEPOOL sends to you electronically satisfies the legal requirement for communication to be in writing.