Welcome to ManaBox ("Manabox") video game services mobile device application (the "App"), which are operated or otherwise made available by Samsung Malaysia Electronics (SME) Sdn. Bhd. ("Samsung") ("Samsung" or "We" or "Our" or "Us") to the users ("You" or "Your" or "User" or "Member") to participate in ManaBox and you may earn Coins for taking surveys, searching the web, visiting websites, watching videos, shopping, postal mail, telephone surveys and other actions.
In addition to these Terms, Samsung reserves the right to send messages to members through various modes of communication, including but not limited to, system announcements, system tray notifications, administrative messages, referral educational emails, emails for redeemed products, warning emails for tampering with the system. If you wish to stop receiving the messages, you can opt out of the messages by going to “Settings” and opt for “Off Notification”. However, you may still receive emails unless you opt out of our emails by clicking “unsubscribe” in those emails.
1. Agreement to Terms
2. Changes to Terms or Services
We may modify these Terms at any time at our discretion. If we do, we will inform you by posting the modified Terms on the site or App or through other communication channels. It is important that you review the Terms whenever we modify them, your continued use of the Services means that you have accepted those modified Terms. If you do not agree to be bound by the modified Terms, you may not have access to use the Services. Our Services evolve over time, we may change or discontinue all or any part of the Services at any time and without notice.
Please refer to our https://www.samsung.com/my/info/privacy/ for information on how we collect, use, and disclose information from our users.
4. Eligibility and Account Registration
If you want to use certain features of the Services, you will have to create an account with us (an "Account"). You can create an Account by signing up with an email address and password or if you have (a) a pre-existing Google account; (b) a pre-existing account with Facebook, or (c) other third-party accounts as we may choose to support in the future (notification of which will be provided by allowing selection of such other accounts on the relevant account-creation screen). We will create your Account by extracting from your Google, Facebook, or other third-party account certain personal information (such as your email address) that your privacy settings on the applicable account permit us to access.
It is important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. We reserve our right to suspend or terminate your Account with or without notice and refuse or suspend any and all current or future use of the Services due to your violation of the Terms or if we determine in our sole discretion that suspension or termination is the best interest of supporting fair and safe environment for users of the Services. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of you any Account, login ID and password you use in connection with the Services. You shall notify us immediately of any unauthorized use of your Account. If you permit others to use your Account, you are responsible for those activities or Services of those users. Notwithstanding anything to the contrary included in these Terms, we may at any time with or without notice, suspend or terminate your access to some or all the Services and refuse any and all current future use of the Services at any time.
5. Personal Information
You must keep all personal information up to date and accurate. You agree to promptly notify us of any change in your address (mail and email) or personal profile by updating your personal information in the Your Profile section of the Website or App. Your failure to notify ManaBox of any address (mail or email) or profile changes may result in the termination of Member's membership and forfeiture of Member's unredeemed Mana Coins. Searches and clicks are tracked along with the IP for statistical and user account purposes.
6. Safe Play
During game play, please be aware of your surroundings and play safely. You agree that your use of the App and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass), and you agree not to encourage or enable any other individual(s) to violate any applicable law, rule, or regulation. Without limiting the foregoing, you agree that in conjunction with your use of the App you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, Samsung disclaims all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Furthermore, in the event that you have a dispute with one or more other users of the App, you release Samsung (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. Rights in App
Subject to your compliance with these Terms, Samsung grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copies of the App solely for your own personal, non-commercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Samsung reserves all rights in and to the App not expressly granted to you under these Terms.
(a) Additional Terms for App Store Apps
- If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service.
- If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store or Google Play) (each, an "App Provider"), then you acknowledge and agree that:
- These Terms are concluded between you and Samsung, and not with App Provider, and that, as between us and the App Provider, Samsung is solely responsible for the App.
- App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Samsung.
- App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Samsung will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You must also comply with all applicable third-party terms of service when using the App.
- You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Content and Content Rights
For purposes of these Terms: (a) “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services and/or the App. Subject to your compliance with these Terms, Samsung grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services.
(a) Content Ownership
Samsung and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the Malaysia. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
(b) Rights Granted by You
For the purposes of these Terms, “User Content” means any Content that account holders (including you) provide to be made available through the Services. By making any User Content available through Services, you grant to Samsung. a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Samsung on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Samsung may reject any submissions in which Samsung believes, in its sole discretion, which the User Content is inappropriate or violates these Terms. Samsung further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
9. Intellectual Property Rights
You hereby acknowledge that all intellectual property rights including ManaBox content (including but not limited to text, sound, photographs, graphics, or other material contained in any ManaBox communication, advertisements, or messages, service and software), any patent, copyrights, registered design, design, trade mark, trade name, logo, trade secrets, confidential information, or intellectual property rights registered or pending registration (“Intellectual Property Rights”) shall belong to Samsung. Samsung reserves the right to terminate or suspend you if you infringe or are believed to be repeatedly infringing Samsung’s Intellectual Property Rights.
10. Mana Coins, Mana Goods and Mana Rewards
The App permits the earning of the following:
- Mana Coins shall mean the virtual currency in ManaBox that enable Member (“Mana Coins”) to use Mana Coins to purchase Mana items or services that we expressly make available for use in the App (“Mana Goods”).
- Mana Rewards (“Mana Rewards”) shall mean the Mana rewards and/or prizes that are successfully earned by the Member through full completion of activity in ManaBox and the redemption process (if applicable). Mana Rewards include Golden Prizes (as defined below).
- (Mana Coins, Mana Goods and Mana Rewards hereinafter referred collectively referred to as "Virtual Items").
- The purchase and/or redemption of the Virtual Items is limited to account holders who are either (a) 18 years of age or older; or (b) under the age of 18 and have the consent of a Parent to make the purchase. Parent(s) of a Minorcan consult the iOS or Google Play settings for their App to restrict in-App purchases, but should also monitor their children’s accounts for unexpected activity, including the purchase of Mana Coins or Mana Goods. For avoidance of doubt, any purchase and/or redemption made by the Minor will be deemed that the Parent of the Minor has agreed and consent to the purchase and/or redemption.
The member agrees not to abuse the ManaBox system, which includes collecting or spending coins in a manner that is against the rules of ManaBox Terms. This includes using multiple accounts (users are allowed one account per household), earning coins through methods other than surveys, shopping, searching, paid emails, signing up with offers under names other than the name specified in your ManaBox account & any other actions that can entail collecting points fraudulently. This also includes participating in redemption fraud or tampering with functionality of ManaBox.
(a) Mana Coins and Purchase of Mana Goods
Mana Coins is a category of Content, so the purchase of Mana Coins grants you only a limited, non-transferable, non-sublicensable, revocable license to use such Mana Coins to access and purchase Mana Goods in conjunction with your personal, non-commercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Mana Coins, Mana Goods, or other Content; any balance of Mana Goods or Mana Coins does not reflect any stored value. You agree that Mana Coins and Mana Goods have no monetary value and do not constitute actual currency or property of any type. Mana Coins can never be sold, transferred, or exchanged for "real" money. Mana Coins may be redeemed only "real" goods, or "real" services through ManaBox. You also agree that you will only obtain Mana Coins and/or Mana Goods from us and through means provided by us, and not from any third-party platform, exchange, broker, or other mechanism, unless expressly authorized. Once you acquire a license to Mana Coins or Mana Goods, you may not trade or transfer the Mana Coins or Mana Goods to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the App or through some other method (e.g., our website). We reserve the right to cancel any Mana Coins or Mana Goods sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination or suspend of your Account.
During the term of your license to your Mana Coins, you have the right to redeem your Mana Coins for selected Mana Goods. If you are the Parent and you are accepting these Terms on behalf of your child, you accept and acknowledge that your child has your consent to exercise this right independently. Pricing and availability of Mana Coins and Mana Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Mana Coins and Mana Goods. As set forth below, all Mana Coins, Mana Goods, and other Content is provided "as is," without any warranty. You agree that all sales by us to you of Mana Coins and Mana Goods are final and that we will not permit exchanges or refunds for any unused Mana Coins or Mana Goods once the transaction has been made.
(b) Purchases by End Users Outside the U.S.
Mana Coins and Mana Goods may only be purchased and held by legal residents of countries where access to and use of the Services are permitted. If you live in the European Union, you have certain rights to withdraw from online purchases. However, please note that once you download Mana Coins from us, your right of withdrawal ends. You agree that (a) purchase of Mana Coins involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. We reserve the right to control, regulate, change, or remove any Mana Coins or Mana Goods without any liability to you.
11. Effect of Termination on Virtual Items
We may cancel, suspend, or terminate your Account and your access to your Mana Coins, Mana Goods, the Content, or the Services, in our sole discretion and without prior notice, including if (a) your Account is inactive (i.e., not used or logged into) for one year; (b) you fail to comply with these Terms; (c ) we suspect fraud or misuse by you of Mana Coins, Mana Goods, or other Content; (d) we suspect any other unlawful activity associated with your Account; or (e) we are acting to protect the Services, our systems, the App, any of our users, or the reputation of Samsung. We have no obligation or responsibility to, and will not reimburse or refund, you for any Mana Coins or Mana Goods lost due to such cancellation, suspension, or termination. You acknowledge that Samsung is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Mana Coins and Mana Goods when your Account is closed, whether such closure was voluntary or involuntary.
Samsung shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of Points) shall be final and binding.
We have the right to offer, modify, eliminate, and/or terminate Mana Coins, Mana Goods, the Content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Mana Coins or Mana Goods, we will provide at least 30 days’ advance notice to you by posting a notice on the site or App or through other communications.
12. Mana Coins Expiration
Samsung reserves the right to execute the expiration of unredeemed Coins in those accounts that are inactive for a period of 30 days. Active is defined as watching videos, completing offers, downloading apps or completing any action EXCLUDING redeeming promo codes, referring users, or any other activity that does not result in revenue. Any expired points still remaining in your account may lead to refusal to redemption.
13. Mana Coins or Samsung Rewards Points ("Points")
Samsung reserves the right to adjust your Points balance and reverse Points in the situation of incomplete transactions, credit card fraud, technological issues, duplicate or cancelled transactions, and reversed transactions. If this occurs 2 or more times, your account will be put under immediate review and may be terminated without notice. Points may be spent only on Mana Goods as offered through ManaBox at the time of redemption. Points have no cash value. Samsung shall not be held responsible for lost or stolen Points once issued. Points are subject to change at any time without notice. The number of Points required to redeem for Mana Goods are subject to change at any time without notice. Points will be subtracted from Member's account once the redemption order is placed by the member and captured by the ManaBox system. Once User has placed a redemption and it is accepted by Samsung or ManaBox system, his/her redemption request cannot be revoked, cancelled or be exchanged. Once you have redeemed your Points, they will be considered extinguish and strictly cannot be reinstated.
14. Mana Goods or Mana Rewards redemption ("Mana Redemption")
Samsung reserves the right at any time to modify the list of items available for redemption, as well as their corresponding Point values.
The maximum number of Points the User can use to redeem an item is the number of Points he or she has available in Mana Box Account.
All redemptions for items from Mana Box are final and the Points will be deducted immediately from User’s ManaBox Account.
Member inquiries regarding Mana Redemption ordered and not received must be received by Samsung within 3 months after the initial redemption date. Thereafter, Samsung shall have no obligation to re-send Mana Redemption reward to the Member. Members are required to provide Malaysia based address only. Samsung shall not be responsible for any inaccurate name or postal address information provided by the Member which resulted the Mana Redemption item not being delivered.
Samsung reserves the right to substitute an item from Mana Rewards with an item of equal or greater value if due to unavailability or for any other reason.
All Mana Redemption are non-returnable and non-refundable.
15. Fulfillment of Items redeemed Through ManaBox
Samsung reserves the right to appoint a third party (3rd) party vendor or service provider to handle the fulfilment or making available of the item and delivery of the item to you. By providing your personal information including name, delivery address, contact numbers, email address and other information to Samsung, Samsung can use and/or disclose to such third party (3rd) party vendor or service provider for the purposes of delivery service.
Member is required to ensure that he/she is at the delivery address to accept the delivery. If he/she is not available to receive the delivery, The Member must authorized a representative to accept the delivery and the authorised representative is required to present identification ie full name and NRIC to the delivery personnel, failing which the delivery personnel have the right to refuse the delivery and will return the redeemed item to Samsung.
Samsung reserves the right to make final decision on the redemption. Samsung shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained, as a result of accepting or using and of redeemed item.
Except as otherwise provided herein, no refunds will be provided on any redeemed item. If for any reason a redeemed item is received damaged, or becomes unavailable for whatsoever reason, Samsung, in its sole discretion, reserves the right to replace the redeemed item with a similar item of equal or greater value.
16. Third Party Voucher/ Rebates/ Coupons/ Offers
Member's right to use ManaBox is non-transferable. Virtual Items are non-transferable and are void if transferred. Member's membership will terminate immediately in the event of Member's death. Virtual Items and/or any other rewards may not be bartered or sold.
ManaBox accounts and Virtual Items are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
Due to the nature of the incentive industry and the fraud that may occur, Samsung may verify your account. Verification can consist of phone number validation, name validation and other methods. All sensitive information can be blacked out. The purpose is to confirm your name & address.
19. Participation in Promotions of Advertisers and Merchants
Member's correspondence with or participation in promotions of ManaBox advertisers and partners are solely between corresponding Member and the advertiser or partner. ManaBox or Samsung assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.
Member understands that, in some cases, there may be delay in the crediting of Mana Coins for promotions of advertisers or partners due to advertisers' or partners' failure to provide necessary information to ManaBox for such crediting of Mana Coins. Samsung shall not be held responsible or liable for the delay or failure to credit Mana Coins in such event.
20. Conduct, General Prohibitions, and Samsung’s Enforcement Rights
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:
- defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
- upload, post, email, transmit, any information, data, text, images, files, links, software, chat, communication or other content that is, or which ManaBox or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
- promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
- trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
- violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
- impersonate or misrepresent your affiliation with another person or entity;
- promote or provide instructional information about illegal or harmful activities or substances;
- promote or engage in physical harm, violence, or injury against any group or individual;
- transmit any viruses, worms, defects, Trojan horses, and/or harmful code on the Internet or any items of a destructive nature;
- submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
- post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
- use, display, mirror, or frame the Services or any individual element within the Services, Samsung’s name, any Samsung trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Samsung express written consent;
- access, tamper with, or use nonpublic areas of the Services, Samsung’s computer systems, or the technical delivery systems of Samsung’s providers;
- attempt to probe, scan, or test the vulnerability of any Samsung. system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Samsung. or any of Samsung’s providers or any other third party (including another user) to protect the Services or Content;
- attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by Samsung or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
- extract, scrape, index, copy, or mirror the Services or Content or portions thereof (including but not limited to the Mana Station database and other information about users or gameplay);
- use any meta tags or other hidden text or metadata utilizing a Samsung. trademark, logo, URL, or product name without Samsung express written consent;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
- interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Services or Samsung’s infrastructure;
- delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
- use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c ) sell, resell, rent, or lease the App or your Account;
- collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- violate any applicable law or regulation; or
- acquire any Mana rewards, Mana Coins or Mana Goods or item of value through the use of botnets or automated means or through deception or misrepresentation in any respect;
- Sell or promote any products or services;
- Display material that exploits children under 18 years of age;
- Promote, solicit or participate in multi-level marketing or pyramid schemes; harass, embarrass or cause distress or discomfort upon another participant, user or other individual or entity;
- prohibits the use of VPNs, proxies, Botnets and servers to access ManaBox site
- encourage or enable any other individual to do any of the foregoing.
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
21. Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. Such access will not be construed as an endorsement, sponsorship, or affiliation. Samsung exercises no control whatsoever over such other third-party websites or resources, and is not responsible or liable for the availability, functioning, or quality thereof or the content, advertising, products or other materials thereon. We provide these links only as a convenience and shall not be responsible for the content, products, or services on or available from those websites, or resources or
links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources. We shall not be responsible or liable, directly or indirectly, for any failure of such hardware, software, services including any damage to game data or game points or loss (including data loss) incurred or suffered by you in connection therewith.
22. Disclaimer of Warranties
YOUR USE OF THE APP AND SERVICES ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SAMSUNG EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Samsung, makes no warranty that the App and Services will meet your requirements or be available on an uninterrupted, secure, or error -free basis, and we make no warranty that our App, Content or Services are free of viruses, other harmful component, quality, accuracy, timeliness, truthfulness, completeness, or reliability. Samsung shall not be liable to the Member for any loss or expense howsoever incurred as a result of any interruption to the App, Content or Services, any breakdown or malfunction in any computer system, App, Content, Services or equipment or network / internet connection. Unplanned system outages may occur from time to time. When these occur, Samsung shall bear no liability for the resulting unavailability of the ManaBox or for any resultant delay, mis-delivery or non-delivery of information caused by such system outages.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT SAMSUNG DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. SAMSUNG, MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION
Product specifications and other information have either been provided by vendors or suppliers to Samsung ("Vendors") or collected from publicly available sources. No reference to any third party or third party product or service shall be construed as an approval or endorsement by Samsung of that third party or of any third party product or service. Samsung makes no representations or warranties as to the accuracy or reliability of any information provided on this site. Samsung makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
You will indemnify and hold harmless Samsung, and their respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c) your violation of these Terms.
24. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SAMSUNG OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT SHALL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR INABILITY TO PARTICIPATE IN MANABOX OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAMSUNG HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL SAMSUNG, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT BE HELD LIABLE.
SAMSUNG SHALL not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Points OR VIRTUAL ITEMS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AS CONTAINED herein, In no event shall samsung’s liability, either jointly or severally, exceed MYR50.
26. General Terms
These Terms and any action related thereto will be governed by the laws of Malaysia These Terms constitute the entire and exclusive understanding and agreement between Samsung and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Samsung and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Samsung prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Samsung may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Samsung under these Terms, including those regarding modifications to these Terms, will be given: (a) via email, or (b) by posting to the Services or (c) by a general posting on the ManaBox Web site or App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Samsung’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
27. Governing Law
These Terms and any action related thereto will be governed by the laws of Malaysia. The parties hereby submit to the exclusive jurisdiction of the courts of Malaysia.
28. Contact Information
If you have any questions about these Terms or the Services, please contact Samsung via ManaBox Web site or App.
We welcome feedback, comments, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by reaching out to us via ManaBox Web site or App. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
30. Special Terms And Conditions
The following special term and conditions shall apply to Golden Box (“Golden Box”):
1. Golden Box campaign will run from 20th December 2018, to 30th December 2018, Malaysia Time (“Golden Box Period”) or while stocks last.
2. The following person are Not Eligible to participate in Golden Box campaign:
a. permanent and/or contract employees of Samsung (including its subsidiaries and related companies); and /or
b. representatives and/or agents (including advertising and campaign events , third party vendors, dealers, business partners, service providers, app developer, developer agency) of Samsung (including its subsidiaries and related companies or group of companies) and their permanent and/or contract staffs or employees and their immediate family members (defined as spouses, children, parents, brothers and sisters).
3. The following are the rewards that are available in Golden Box campaign (“Golden Prizes”) :
|Samsung Galaxy Watch 42mm||50|
|Samsung Galaxy A9||100|
|Samsung Galaxy Note9 (Exclusive for Samsung Users ONLY)||35|
4. The redemption of the Golden Prizes will be based on the skillset that the Member accumulated in playing ManaBox. There will be total 185 Golden prizes throughout the Contest Period.
5. The following is the steps to redeem Golden Box:
a. Once Golden box is caught, it will be saved in Member’s Inventory for 7 days; Member need to view Golden Box in the Inventory and press redeem to proceed.
b. Member will receive a Unique ID and press swipe to be redirect to Samsung site to fill in the verification form with required information including name as per IC, Address, Contact Number, email address, verification code and others within 10 working days from the date of issuance of Unique ID, failing which the said Prize will be removed from the Inventory.
c. Samsung and/or the authorised Samsung representative will call the Member within 10 working days from the date of submission by Member. The Member(s) is required to provide necessary information (Name as per IC, Address, Contact Number, email address, verification code, etc) for verification.
d. Upon verification, Samsung will arrange the delivery of the prize to the Member within 30 working days from the prize announcement is made or such other period as may be determined solely by Samsung. There will be an announcement on the successful Member who manages to catch Golden Box made on Samsung’s platforms (including but not limited to Samsung official website, ManaBox App and/ or Samsung Mobile Malaysia’s Facebook page) and/or media channels.
6. Golden Prizes may change from time to time or are subject to the availability of stock and Samsung may also in its sole and absolute discretion replace or substitute the prize(s) for another of equivalent or similar value at any time without notice and liability to the member.
7. Samsung reserves the absolute right to decide the mechanism of prizes redemption.
8. Each Member is eligible to win one (1) Golden Prize throughout the Golden Box Period.
9. Each of the winners is deemed to have given his/her consent and authorization to Samsung to use his/her name and any photographs taken or other information approved by the winners for current and future advertising and publicity purposes relating to this campaign. Winners also agree to be featured in any publicity material relating to the campaign. No fee will be paid to the winners for any of the foregoing.
10. By participating in this Golden Box campaign, Members/winners understand that they are required to attend a prize presentation ceremony and/other publicity programs as and when required by Samsung at the Winners’ own costs and expense. Winners will be given reasonable advance notice by Samsung on the appointed venue, date and time. If the winners fail to attend such ceremony and/or other publicity programs, Samsung reserves the right to forfeit the Prize(s) of the winners and select another Winner.
11. All costs, fees, and/or expenses incurred to be incurred by the successful winner in relation to the Golden Prizes which shall include but not limited to the costs for transportation, courier, personal costs and any other fees, are the sole responsibility of the Member.
12. The Golden Prizes are not transferable nor exchangeable for cash, credit or kind whether in part or in full.
13. Samsung reserves the right to disqualify any of the Member or User. Samsung’s decision on all matter relating to Golden Box and Golden Prizes shall be final and binding.
14. Samsung reserves the right to vary or change of these Golden Box special terms and conditions from time to time or cancel or terminate the Golden Prizes or replace the Golden Prizes with another similar prizes without notice. By continuing accessing and playing Mana Box, the Member agrees that their continued participating in ManaBox will constitute their acceptance of these special terms and conditions (as varied from time to time). For avoidance of doubt, any cancellation, termination, withdrawal or suspension by Samsung on this Golden Box will not entitle the Member to any compensation against Samsung for any and all loss or damage that may be suffered or incurred by the Member as a direct or indirect result of the act of cancellation, termination, withdrawal or suspension.