GoMommy Foods Online Communities Information Exchange
During your use of the GoMommy Foods website or our other online communities, we may obtain certain information about you, which we will hold in confidence according to these Terms of Use and our Privacy Practices & Commitments. For more on this, please see our Privacy Policy.
GoMommy Foods Online Communities Copyright and Trademark Rights
The Material posted by gomommy.my is the property of GoMommy Foods. In other words: All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of GoMommy Foods (or to another party that has licensed their material to GoMommy Foods) and is protected by Malaysia and International copyright laws. GoMommy Foods also maintains all rights, title and interest to the content it posts on its other online communities.
Respecting the Material on GoMommy Online Communities: You may not reproduce, redistribute or otherwise use any materials without the express written consent of GoMommy Foods. GoMommy Foods trademarks and trade dress may not be used in connection with any product or service that is not GoMommy Foods, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits GoMommy Foods.
The Material Included on GoMommy Foods Online Communities Can Be Used for Personal, Informational and Shopping Purposes Only: This means that you agree you will not distribute, publish, transmit, modify, display or create copied works from or exploit the contents of our online communities in any way. You agree to indemnify, defend and hold harmless GoMommy Foods for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to GoMommy Foods and that in the event of an unauthorized use, GoMommy Foods shall be entitled to an injunction in addition to any other remedies available at law or in equity in the exclusive jurisdiction and venue in the courts described below.
To the extent that GoMommy Foods believes that you have violated its intellectual property rights, GoMommy Foods may seek injunctive or other appropriate relief in any court located in Malaysia without having to submit that matter to mediation/arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.
Limitations on Use
GoMommy Foods grants you a non-exclusive, non-transferable, limited license to view this website and the material GoMommy Foods posts on its other online communities, and to download and/or print portions of materials retrieved from our online communities as long as (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. No part of gomommy.my, or the content posted by GoMommy Foods on our other online communities, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of GoMommy Foods.
In addition, you may not use GoMommy Foods online communities to:
- gain unauthorized access to our online communities, network or computer systems;
- interfere with any other person’s use or enjoyment of our online communities;
- breach any laws concerning the use of public telecommunications networks and interfering or disrupting networks or websites connected to our online communities;
- copy any portion of the website, or any material posted by GoMommy Foods on our other online communities, or the content except as part of an Internet service provider’s incidental caching of pages or for your own personal review later; or
- “hack,” interfere with or disrupt our online communities or any servers directly or indirectly connected with the service or promote any such activity
Disclaimer and Limit on Liability
GoMommy Foods will do its best to bring you uninterrupted, functional use of GoMommy Foods online communities: That said, we do not guarantee that the functions contained on GoMommy Foods online communities will be uninterrupted or error-free, or that our online communities or their servers will be free of viruses or other harmful components. If we are made aware of any defects, we will always do our best to correct them.
Please understand that GoMommy Foods disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from GoMommy Foods online communities, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in GoMommy Foods online communities; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of GoMommy Foods online communities, or any portion of our online communities; (5) your use of GoMommy Foods online communities; or (6) your use of any equipment or software in connection with GoMommy Foods online communities.
Third Party Websites
As a convenience to GoMommy Foods, our online communities may include links to third party websites or material which are beyond its control. GoMommy Foods is not responsible for content on other websites outside of our online communities. Your use of any linked is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website, and GoMommy Foods disclaims all liability in connection with your use of a linked website.
Third Party Websites
We are always improving and updating our online communities to further enhance your experience. As a result, our policies will continue to evolve. GoMommy Foods reserves the right to change, modify, add, or remove any of these Terms and any other content at this website from time to time for any reason. We will provide notice of these changes by posting them right here. We encourage you to refer to this page on an ongoing basis for our most current Terms of Use.
Disputes and Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the Malaysia, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with Malaysia’s Arbitration Act 2005. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Malaysia, and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties’ consent to the jurisdiction of the courts in Malaysia. Venue will lie exclusively in Malaysia. For the sake of clarity, nothing in this paragraph shall affect GoMommy Foods ability to seek from a court injunctive or equitable relief at any time.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any cause of action you may have with respect to GoMommy Foods online communities must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
International Use
GoMommy Foods makes no representation that materials in GoMommy Foods online communities are appropriate or available for use in other locations. If you access our online communities from outside Malaysia, please understand that our online communities may contain references and/or links to products and services that are not available or are prohibited in your country.
GoMommy Foods Community Guidelines for “Comments”
The root of the word community encompasses the concepts of “fellowship” and “courtesy,” as well as “shared responsibility.” By engaging here, you are agreeing to be a steward of the GoMommy Foods community, and thus engender the fellowship, courtesy and shared responsibility as outlined in these guidelines:
- You must be 13 or older to engage in this conversation, and if you are between the ages of 13-18, your parent or legal guardian must have reviewed our Terms and have agreed to them for you to participate.
- Language is a powerful tool—wield it carefully and respectfully. Offensive, off-colour, hurtful, damaging, derogatory, provocative, insulting, abusive, harassing, ugly remarks will not be tolerated. Period.
- Just as in our marketplace, maintaining a welcoming and safe environment is of paramount importance to us. GoMommy Foods reserves the right to not post or remove any comments at any time for any reason. (Please note: if a portion of a comment is deemed not permissible, the entire comment will not be posted.)
- You reserve the right to flag any comment that you deem inappropriate for immediate review and likely removal by GoMommy Foods moderators.
- Please keep comments on-topic—the featured GoMommy Foods products and your experience with them or thoughts about them are the topic.
- To discuss other pressing GoMommy Foods topics—general marketplace experiences or questions, location inquiries, business inquiries, new vendor pitches, employment interests or any other customer service-related matters, please visit our Contact Us page.
- If you have questions or concerns pertaining to a specific store, please visit our Contact Us page for assistance.
- GoMommy Foods crew members may join in the discussion as customers, but will not address internal issues or answer questions on behalf of Gomommy Foods Sdn. Bhd.
Warranty Disclaimer
Neither GoMommy nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Products. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from GoMommy Foods or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). The products, services and content are provided by GoMommy Foods (and its licensors and suppliers) on an “As-Is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.
Indemnity
To the fullest extent allowed by applicable law, You agree to indemnify and hold GoMommy Foods, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without GoMommy Foods’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Miscellaneous
This website and/or certain activities provided via this website may be covered by Malaysia’s Patents Act 1983.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and GoMommy Foods relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and GoMommy Foods with respect to such subject matter. This Agreement may not be changed, waived or modified except by GoMommy Foods as provided herein or otherwise by written instrument signed by GoMommy Foods. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with GoMommy Foods prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. GoMommy Foods may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and GoMommy Foods agree that these Terms are the complete and exclusive statement of the mutual understanding between you and GoMommy Foods, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of GoMommy Foods, and you do not have any authority of any kind to bind GoMommy Foods in any respect whatsoever. You and GoMommy Foods agree there are no third-party beneficiaries intended under these Terms.
