This agreement ("Agreement") is between you and HYPR Malaysia. ("HYPR.my"), the owner of the Program as offered in the website http://hypr.my . By registering, you join and participate in the Program as described here.
When you Register, Sign Up, or Create an Account on the website it is deemed that you have read, understood and accepted the Terms and Conditions of the Program.
The Terms and Conditions of this program may be changed at any time. Hence, as you use and access the same, you are advised to always apprise yourself of the latest Terms and Conditions. Your use of the program signifies your concurrence to the most recent Terms and Conditions which may be also accessed here.
The Terms and Conditions are provided and controlled by HYPR and its subsidiaries and affiliates. The words 'we', 'our', or 'us' as used in this Terms and Conditions refer to HYPR.
Please direct any questions with regard to the Terms and Conditions at http://hypr.my
WHEREAS, http://hypr.my is an internet based application which invites social media users to register and participate in its Program.
WHEREAS, the Program offered by HYPR rewards social media users as they share ads, content or materials from our Partners to their own social media accounts or other Internet Communication Platform.
WHEREAS, HYPR social media users who register and participate in the Program are herein referred to as HYPR Account Holders who undertake to abide by the Terms and Conditions of this Agreement.
NOW, THEREFORE, based on the foregoing premises, the Parties, HYPR and HYPR Account Holders hereby AGREE as follows:
" HYPR Account Holders" means any persons who have registered for the Program, with the intention of participating in or using the HYPR Program.
"Partners" means any third party entity who engages HYPR to advertise, promote or market their products or services through the Program.
"Payment" means payment made by any Partner to a HYPR Account Holder for participating in the Program.
"Site" means www. HYPR.com
"Ads" means an advertising, marketing and promotion campaign authored by the Partners or their authorized agents.
"Unique click" for HYPR Account Holders in Malaysia, means a click on an Ad link from a unique visitor that comes from within Malaysia. A unique visitor is a person who has never clicked on the Ad before. Please refer to What is a Unique Visit (U.V.) for further information on Unique clicks.
"Earnings" means credits generated by you through your participation in the Program.
"Internet Communication Platform" refers to social network websites or applications that enable users to create and share content or to participate in social networking. This definition does not include chat platform or applications.
"Intellectual Property Rights" refers to any creations of the mind, rights thereof are protected and existing under patent law, copyright law, semiconductor chip protection law, trade secret law, trademark law, unfair competition law, law of confidence and passing off and any and all other proprietary rights, including all amendments now or hereafter in force and effect worldwide.
Users are strictly prohibited from sharing any HYPR content on the following websites or applications:
Ask.fmIf a user wishes to share an Ad on a website or application that is not mentioned in the foregoing list, the user must first seek HYPR’s consent and approval before doing so to http://hypr.my.
2.1. You have legal personality, qualification, power, authority to enter into and to perform all the acts required of you in this Agreement;
2.2. You may register for an account with our Program by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
2.3. You may only register for and maintain only one account.
2.4. You must not allow any other person to use your account to access the website.
2.5. You must notify HYPR in writing immediately if you become aware of any unauthorized use of your account.
2.6. You must not use any other person's account to access the website, unless you have that person's express permission to do so.
2.7. If you register for an account with our website for the Program you will be asked to choose a user ID and password.
2.8. Your user ID must not be liable to mislead and misrepresent as regards your person or affiliation; you must not use your account or user ID for or in connection with the impersonation of any person.
2.9. You must keep your user ID and password confidential.
2.10. You must notify us in writing immediately if you become aware of any disclosure of your password or any unauthorized use of your account.
2.11. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and HYPR will not be held liable for any damage or losses arising out of such a failure.
2.12. Any information provided by you may be verified by us on your behalf, including but not limited to the information provided in the registration form.
2.13. Your HYPR Account, password and user ID is personal to you and is not transferable under any circumstances.
3.1. Use the website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.
3.2. Use the website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.3. Use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, cancel boots, keystroke logger, rootkit or other malicious computer software that are intended to damage, interfere with, intercept, or expropriate any system, data or personal information.
3.4. Conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to our website without our express written consent.
3.5. Access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing.
3.6. Use data collected from our website for any direct marketing activity, including without limitation to email marketing, SMS marketing, telemarketing and direct mailing.
3.7. You must not use data collected from our website to contact individuals, companies or other persons or entities.
3.8. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
3.9. You must endeavor to update any change in the information you provided on the registration form as soon as practicable.
4.1. In these terms and conditions, "your content" means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
4.2. You are the valid, bona fide owner of each Twitter, Google+, blog or any other social media or communication account associated with your Account in this Program.
4.3 You warrant and represent that your content in the aforementioned SOCIAL MEDIA OR ANY INTERNET COMMUNICATION ACCOUNTS AND YOUR ACCOUNT IN THIS PROGRAM will comply with these terms and conditions: Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law.
4.4. Your content, and the use of your content by us in accordance with these Terms and Conditions, must NOT: a) be libelous or maliciously false; be obscene or indecent; b) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; c) infringe any right of confidence, right of privacy or right under data protection legislation; d) constitute negligent advice or contain any negligent statement; e) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; f) be in contempt of any court, or in breach of any court order; g) be in breach of racial or religious hatred or discrimination legislation; be blasphemous; h) be in breach of official secrets legislation; i) be in breach of any contractual obligation owed to any person; depict violence in an explicit, graphic or gratuitous manner; j) be pornographic, lewd, suggestive or sexually explicit; k) be untrue, false, inaccurate or misleading; l) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; constitute spam; n) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; and/or o) cause annoyance, inconvenience or needless anxiety to any person.
4.5. You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.
4.6. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, you hereby agree that we may delete, unpublish or edit any or all of your content without prior notice which you have hereby effectively waived.
5.1. Partners will pay HYPR if you generate a certain number of Unique clicks on each shared Ad through your participation in the Program.
5.2. You shall generate Earnings related to the number of Unique clicks validated by HYPR generated from your shares of Ads and/or other events performed in connection with your participation in this Program, in each case as determined by HYPR for its participants in the Program.
5.3. No money or monies will vest in you as a HYPR Account Holder until that money is paid to you or at your direction as permitted under this Agreement.
5.4. Nothing in this Agreement creates an obligation on HYPR as agent, trustee or any other fiduciary relationship for you as a HYPR Account Holder.
5.5. You acknowledge that a Payment, is an offer made to you by Partners and is not in any way an offer made by HYPR.
5.6. HYPR will receive the funds from your participation in the Program from Partners and will endeavor to ensure that Partners comply with their respective obligations to deposit the appropriate funds into our account. Earnings generated by HYPR Account Holders through their participation in the Program will not be available for redemption until Payment has been received in full from the respective Partners and HYPR will not be liable to you for any loss you may suffer in the event that Partners do not comply with this obligation.
5.7. In the event that the Partners default on its obligation to make the Payment to HYPR, HYPR may, without obligation take any action we deem appropriate to recover these funds.
5.8. Once you have generated a MINIMUM CASHOUT AMOUNT of RM50.00 (or more) credited to your HYPR Account you may have your entitlement paid into your personal bank account PROVIDED you make a cash-out request and the cash-out request relates to a sum of at least RM50.00 to a maximum of RM500 per cash-out request.
5.9. In your cash-out request you are required to choose one of the Payment methods offered on the Site: How Can I Redeem Money. The process of making a Withdrawal Request is detailed at the HYPR accounts page (FAQ) How Can I Redeem Money.
5.10. HYPR will not be obliged to pay you any money until you have accumulated at least RM50.00 and is not obliged to pay you any money at each cash-out request if it is for more than the RM500. Once HYPR receives your Withdrawal Request, payment will be made in accordance with your direction on payment methods offered on the site within 1 month. All bank or transfer charges shall be borne by you.
5.11. If your HYPR Account is Inactive, HYPR shall withhold redemption of any earned credits and will not entertain any Withdrawal Requests, for any Cash-out amount. Your HYPR Account is deemed Inactive if based on HYPR 's records, you have not logged in for a period of three (3) months or more or if you have not accepted Payment or other amounts that HYPR has attempted to deliver to you, and/or HYPR has been unable to reach you, or has not received adequate payment instructions from you, after contacting you at the address you provided us.
5.12. HYPR has a right to terminate and/or remove any earned credits from any HYPR Account that is Inactive.
5.13. HYPR shall not be liable for any Payment based on any amounts which result from invalid clicks whether by use of automated script or computer program to generate unique clicks on Advertising campaigns, or clicks obtained from multiple accounts under a fake identity, or otherwise,) or as a result of any breach of the terms and conditions of this Program, or as reasonably determined by HYPR.
5.14. HYPR has the right to withhold Payment or charge back your account due to any of the foregoing or any breach of this Terms and Conditions by you, pending HYPR 's investigation of any of the foregoing or any breach of these Terms and Conditions by you, or in the event that a Partner defaults on payment.
5.15. Upon receipt of a cash out rejection notice from HYPR, you have a period of 14 days to submit any clarification/justification for invalid clicks. Upon submission of your clarification/justification, HYPR will conduct an investigation into the matter. Should your clarification/justification not sufficiently explain your unusual/invalid clicks activity, HYPR reserves the right to terminate and/or remove any earned credits from your HYPR Account.
5.16. In the event your participation in the Program is terminated by us or you, HYPR shall not be liable to pay your earned credit balance to you. If you wish to receive Payment on your earned credit balance, you must make a Withdrawal Request at least one month before your request for termination. If the termination is not made at your request, but terminated by us due to your breach of this Agreement you shall not receive any Payment.
5.17 In no event, however, shall HYPR make Payment for any earned credit balance less than RM50.00 or if the termination of the Program was a result of your breach of these terms and conditions or if you have not logged into your HYPR Account for a consecutive period of three (3) months.
5.18. You are entirely responsible for ensuring the accuracy of the information provided when making a Withdrawal Request. HYPR will not be liable to you for any loss, cost or damage in respect of any Payment made in accordance with your instructions for Payment. You agree and accept that HYPR may make an administration charge in the event that you provide incorrect details and you expressly authorize HYPR to deduct these charges from your HYPR Account.
5.19. HYPR will not be liable to you for any errors made by any third parties in relation to your HYPR Account or any Withdrawal Request.
5.20. No interest will be paid on any Earnings generated and your account has no monetary value until the point in time when the money, the subject of a Withdrawal Request, is validly redeemed.
5.21. HYPR may change its Payment structure at any time. If you dispute any Payment made under the Program, You must notify HYPR in writing within thirty (30) days of any such Payment; failure to so notify HYPR shall result in the waiver by you of any claim relating to any such disputed Payment.
5.22. Payment shall be calculated solely based on records maintained by HYPR. No other measurements or statistics of any kind shall be accepted by HYPR or have any effect under this Terms and Conditions. The Payment made under this Program are for use by you only and may not be transferred or in any manner passed on to any third party unless expressly authorized in writing by HYPR (including by electronic mail)
5.23. HYPR will maintain HYPR Account Holders' credit card information, bank account details and your HYPR Account details.
5.24. You are entirely responsible for assessing the taxation implications and any liability applicable on funds received from your use of the Service and such shall be for your sole account.
5.25. HYPR will retain financial information relating to your transaction record. To the extent possible, HYPR will store this information in a non-identifying form. Particulars of the amount standing to your credit will be clearly displayed as 'Your Earnings' - accessible after you log into your HYPR account.
5.27. HYPR makes no guarantee as to the level or clicks or Unique clicks on any Ad, the timing of delivery of such clicks or the amount of any Payment to be made to you under this Program.
5.28 All terms and conditions under this heading of Payment will survive and remain effective in the event this agreement lapses, expires or is discontinued, the discontinuance of which is entirely and solely at the discretion of HYPR.
6.1. You agree that HYPR may retain and use all information you provide in the registration form.
6.2. You agree that HYPR may transfer and disclose to third parties non-personally-identifiable information about you for the purpose of approving and enabling your participation in the Program, including to third parties located in jurisdictions with less restrictive data laws.
6.3. HYPR may also provide information by virtue of any valid legal processes to establish or exercise its legal rights or defenses against legal claims. However, HYPR shall not be liable for any disclosure of that information by any such third party.
6.4. HYPR may share non-personally-identifiable information about you, including Program URLs, Program-specific statistics and similar information collected by HYPR, with Partners and other third parties.
6.5. HYPR may access, index and cache the Program, or any portion thereof, including those by automated means including Web spiders or crawlers.
6.6. HYPR may share non-personally-identifiable information collected by HYPR about you or your social media or any Internet Communication Platform Account, specific statistics and similar information, with Partners, potential Partners and other third parties.
6.7. HYPR may use your name in presentations, marketing materials, customer lists, financial reports web site listings of customers, search results pages, referral pages and Internet Communication Platform account listings of customers.
7.1. Maintenance and operation of your Program account, social media and any internet communication account/s is your sole responsibility including all its/their content, the proper implementation of and adherence to these Terms and Conditions, Program rules, customs and policies.
7.2. HYPR has the right to investigate or inquire as to any activity which it deems to be in violation these Terms and Conditions. This right subsists even if the account has been deactivated and may proceed and exhaust any and all legal remedies, for any cause of action, available to it by law.
7.3. HYPR shall not be responsible for anything related to your Program account, social media and any internet communication account/s, including the transmission of data between any Internet Communication Platform and HYPR.
8.1. Your participation in this Program, may at any given time be terminated by you without cause by deactivating your account. The deactivation of your account terminates your adherence to the Terms and Conditions of this Agreement except such provisions which by their implication and construction will survive the termination as provided hereunder.
8.2. HYPR may at any time, in its sole discretion, terminate all or part of the Program, or suspend or terminate the participation in all or part of the Program for any given reason.
8.3. However, the following shall survive the termination or cancellation of your participation of in the Program or the termination of this Agreement for any reason: a.) provisions under "Payment" and b.) any obligations you incurred under the Terms and Conditions of this Agreement. You agree that we will not be liable to you or any third party as a result of such modification, discontinuation, or cancellation.
8.4. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: temporarily suspend your access to our website; permanently prohibit you from accessing our website; block computers using your IP address from accessing our website; contact any or all of your internet service providers and request that they block your access to our website; commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our website, without prejudice to any legal remedies available to HYPR as provided by law.
9.1. Written notice of any revision of these Terms and Conditions shall be published on the website, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice. If you do not agree to the revised terms and conditions, you must stop using our website and the Program or delete your account on the website, and you must stop using the website.
9.2. Your continued use of the website and participation in the Program even after the revision of any provision/s of this Agreement shall signify your express agreement to such revision.
10.1. All right, title and interest, including without limitation to all Intellectual Property Rights, in and to the Program, excluding those items licensed from third parties and any third-party media player that may subsist in the Program, are owned by HYPR.
10.2. No right, title, or interest in or to the Program except as expressly set forth in these Terms and Conditions will be acquired by you.
10.3. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any HYPR services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
10.4. Removal, obscuring, or alteration of HYPR’s copyright notice or other proprietary rights notices affixed to or contained within any HYPR's services, software, or documentation are strictly prohibited and actionable by law.
10.5. However, you are granted a limited, non-exclusive license to use the Intellectual Property Rights made available by HYPR (Content) solely for use under the Program and in accordance with these Terms and Conditions. Nonetheless you shall not distribute, modify, copy, transmit, display, reproduce, use, publish, license, create derivative works or sell or deal in the course of trade in any manner any Intellectual Property Rights belonging to HYPR.
10.6. Any violation of these terms shall cause the automatic revocation of your permission to use the Program and shall allow HYPR to proceed against you by law should it find any damage or cause of action arising from such violation.
11.1. By your registration and use of the Program, you agree to receive messages or notices from HYPR relating to Ads via the internet or otherwise, including your cell phone. If you do not wish to receive these messages from HYPR then you must cancel your HYPR Account and discontinue your use of the Program.
11.2. All content of the messages is created and provided for by Partners and not by HYPR and shall not be construed as signifying any recommendation or endorsement by HYPR or their directors or employees or any related party.
11.3. HYPR makes no express or implied warranty about the nature of any messages and will not be liable for any losses or damages you may suffer attributable to the messages or your use of the Program.
12.1. HYPR hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty as to the accuracy, completeness, currency, or reliability of any content or data available through the Program.
12.2. HYPR makes no representations or warranties that use of the Program will be uninterrupted or error-free.
12.3. HYPR is not responsible for any content provided herein or for any Internet Communication Platform that can be linked to or from the Ads.
12.4. HYPR makes no warranty and no representation about the results that may be obtained through the Program, including but not limited to any representation regarding the amount of Payment you will earn through the Program.
12.5. HYPR makes no warranty that your use of the Program does not contravene the rules, guidelines, policies of any Internet Communication Platform.
12.6. All precautions necessary to ensure that any content you may obtain from the Program is free of viruses and any other malware are your sole responsibility.
13.1 It is expressly understood and agreed that your use of the website or participation in the Program is at your sole risk and that it is provided "as is" and "as available" without warranty of any kind.
13.2. HYPR SHALL IN NO EVENT BE LIABLE UNDER THESE TERMS AND CONDITIONS FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES OF ANY KIND WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IN ANY EVENT, HOWEVER, MAXIMUM LIABILITY FOR ANY DAMAGES WILL BE AT RM100.
ACKNOWLEDGEMENT AND CONCURRENCE TO THIS LIMITED LIABILITY IS AN INTEGRAL PART OF THIS AGREEMENT. ANY ACCOUNT OR PROGRAM USER WHO DISAGREES TO ANY OF THE STIPULATIONS CONTAINED HEREIN MUST CANCEL, DISCONTINUE OR TERMINATE HIS/HER PROGRAM ACCOUNT.
13.3 HYPR will not be liable for breach of this Agreement to the extent caused by or arising from prohibition or restriction by law or regulation of any Government, fire, flood, storms, weather, strike, lock-out or other labor problems, accident, riots, of acts God or for any failure or delay in performance under this Agreement, resulting from but not limited to power failures, network failures, server failures, any electronic and technical malfunction, viruses, outages to any public internet backbones, networks or servers, any failures of your equipment, any hacking, system security breaches, systems or local access services, unforeseeable disruptive behavior by our current or former employees, interruptions in internet services in areas where your servers are located or co-located, governmental action or acts of terrorism, earthquake, strikes, riots, insurrection, explosions, war, governmental action, natural disasters, or interruptions.
14.1. You agree to indemnify and hold HYPR, its parents, subsidiaries and affiliated organizations, and their directors, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party, including but not limited to any Internet Communication Platform due to or arising out of your use of the Program, your HYPR Account, the Site, the Network or your violation of these Terms of Service.
14.2. Your violation of the Terms of Service, in a way that causes harm to others, will make you liable to the injured party and you agree to indemnify and hold HYPR harmless against any liability for the harm caused.
15.1 The substantive laws of Malaysia shall apply to and govern this Agreement and the Courts at Malaysia will have exclusive jurisdiction with regard to the subject matter of this Agreement
15.2 For users and anyone who network with HYPR outside Malaysia, such user or person consents to having your personal data processed in Malaysia.
16.1 All questions or disputes arising from or relating to the Service including the Terms and Conditions should be communicated or submitted to HYPR.
16.2 HYPR shall use reasonable efforts to resolve any dispute arising out of this Agreement.
16.3. All interpretations of the Terms and Conditions shall be at our sole discretion. Any error in interpretation shall not constitute a breach of the Terms and Conditions.
16.4. All disputes, differences and/or claims arising out of this Agreement, not being settled in accordance herewith shall be settled by Arbitration, the proceedings of which shall be held in Kuala Lumpur, Malaysia. The award of the Arbitration shall be final and binding on both the parties.
17.1. These Terms and Conditions, together with our privacy and cookies policy shall constitute the entire agreement between you and us in relation to your use of our website and Program and shall supersede all previous agreements between you and us in relation to your use of our website.
17.2. In the event that one or more of the provisions of this Agreement shall be determined to be invalid, unlawful or unenforceable in any respect under any law, then the same shall be deemed to be severed from this Agreement; the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
17.3. Failure on our part to enforce any of these Terms and Conditions does not constitute a waiver of our rights and claims.
18.1 A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18.3. Transfer of any of your rights or obligations under these Terms and Conditions to anyone will be effective only with our written consent.
18.4. All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
18.5. Nothing in these Terms and Conditions shall prevent us from complying with the law.
This document contains provisions from SEQ Legal template (http://www.seqlegal.com).