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Terms and Conditions

Ensogo Terms of Service

 

Ensogo Terms of Service

These “Terms of Service” explain the contractual agreement between you ("you", "your") and Ensogo Limited ("Ensogo", "Ensogo.com", "we", "us", "our"), regarding your use of and access to the website located at http://www.ensogo.com.my and http://www.ensogo.com, any other websites owned or operated by Ensogo or any portions thereof (collectively, the “Website”), our mobile app “Ensogo - Shopping Revolution!” (hereafter referred to as the “App”), and any resources, features, functionality, or services made available through the Website and/or App (hereafter referred to as the "Service"). Ensogo reserves the right at any time and in its sole discretion to modify or discontinue, temporarily or permanently, the Website, the App or the Service (or any part thereof) with or without notice. You agree that Ensogo shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Service. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

 

Acceptance

Your access to and use of the Website and/or App signifies that you have read, understand and agree to be bound by these Terms of Service, whether you are or are not a registered user of Ensogo, and is subject to your compliance with these Terms of Service. Ensogo reserves the right to change, add, or delete any portions of the Terms of Service from time to time, without liability or prior notice to you, and your continued use of the Website and/or App constitutes your acceptance of and agreement with any and all such changes. The Terms of Service inure to the benefit of Ensogo’s successors, assigns and licensees.

It is your responsibility to regularly check the Website or App to determine if there have been changes to the Terms of Service and to review such changes. If you do not agree to abide by these or any future Terms of Service, please do not access or use (or continue to access or use) the Website or App. In addition, Ensogo may post additional terms, conditions, rules or requirements related to the Website and/or App and/or the services and features of either. All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms of Service and you agree to be bound by and subject to them. At its sole discretion, Ensogo also may offer other services or features governed by different Terms of Service.

 

Customer Care

We care about our customers and want them to have as seamless an experience as possible each time they make a purchase from Ensogo. Please feel free to contact Customer Service via our webform (click here) with any questions or concerns and we will be happy to help!

 

Refunds & Returns

We want you to be completely satisfied with your purchase on Ensogo. If for any reason you are unhappy or need additional assistance, please contact Customer Service via our webform (click here).

·         You may return all products within 7 days of delivery.

·         We aim to process all requests promptly upon receiving. Refunds are issued back to the original form of payment used to purchase the order.

·         For more information please review our complete Refund & Return Policy.

 

Shipping and Delivery

Ensogo aims to facilitate the delivery of products you ordered within the time highlighted at the point of purchase. However, we are unable to guarantee that all orders will be delivered within the stipulated time frame as this process is directly controlled and managed by the merchants themselves. Neither we, nor the merchant, shall be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. Once you have received the product, both the merchants and Ensogo will not be liable for the loss or destruction of the product. Please note that items purchased may be shipped separately, even if from the same merchant.

 

Users

Ensogo provides users the Service, including various media sharing and communication tools, personalized and other content, and e-commerce. You understand and agree that the Service may include advertisements and that these advertisements help enable Ensogo to provide the Service. You also understand and agree that the Service may include certain communications from Ensogo. Where permitted by law, by using the Website, App or Service, you will be automatically deemed to have opted in to receive e–mail, SMS or app-based push notifications from us unless you explicitly opt out.

Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information. Ensogo strictly forbids the use of multiple accounts for the same sole user or the use of one account for multiple users for the purpose of earning more rewards or using promotions or discounts specifically offered to first-time customers. Ensogo reserves the right to cancel or block transactions from such accounts.

Unless explicitly stated otherwise, any new feature or functionality that augments or enhances the current Service, including the release of or access to new properties, shall be subject to the Terms of Service.

Identity Verification

By registering as a user, you certify that you are 18 years of age or older. Children under the age of 18 may not become an Ensogo user, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally–identifiable information, by registering as a user, you hereby represent that your registration as a user, the provision of your personally-identifiable information to us, and our use of such personally–identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country. If you use a credit or debit card or other payment intermediary as payment for the Service, you warrant that you are doing so as an authorized user.

User Communication

Ensogo has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in Ensogo’s sole discretion. By using the Website, the App or the Service or communicating with Ensogo or others by means of your access to the Website or App, you consent to receive communications from Ensogo, including but not limited to, emails, text or Facebook messages, and other online, mobile, or conventional methods as exist now or may exist in the future unless you specifically communicate your desire to be excluded. You also agree not to misuse the communication tools available to you by means of your access to the Website or App, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates the Terms of Service.

Privacy

By using the Website, App or Service or becoming a registered user, you agree to be subject to the terms and conditions set forth in our Privacy Policy.

Ownership

The Website, App, and the content and all intellectual property rights included in or associated with the Website or App, including, but not limited to patents, copyrights, trademarks, service marks, logos, are either owned by Ensogo or owned by others and licensed to us. All rights, title and interest in and to the Website or App and such Content remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website, App or in the Content. You agree not to access the Service by any means other than through the interface Ensogo provides via the Website or App for use in accessing the Service. Your use of the Website, App or Service does not grant you any right, license or permission of any kind to reproduce or use Ensogo’s intellectual property.

User Feedback and Content Submissions

Ensogo welcomes your feedback. If you send us or post or embed on the Website, App or via any Service, any feedback, messages or comments, your creative or original concepts or ideas or any content, data, text, photographs, graphics or other materials or any confidential, proprietary or other information (“Submissions”), you represent and warrant to Ensogo that you either own the Submission(s) or have the right to grant Ensogo the licence described below. Ensogo does not claim to own such Submission, only the rights you have licenced to us.

You agree that in making a Submission, Ensogo shall not be required to compensate you for any such licence or Submission, that any such Submission shall not be considered confidential or non-public once submitted to Ensogo, and that Ensogo alone is free to decide whether or not to post or use the Submission. In the event a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to Ensogo via the Website, App or otherwise, you: (a) agree not to make any Submission that violates in any way the Terms of Service; (b) automatically grant Ensogo a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licenceable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these Terms of Service.

Ensogo reserves the right to remove content at any time with or without notice. Inappropriate content is not permitted on the Website or App and will be removed. Inappropriate content includes but is not limited to:  illegal drugs and drug paraphernalia,  adult or pornographic material, offensive material, and obscene material.

Termination

Ensogo shall have the right to terminate your use of the Website, App and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms of Services, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, Ensogo shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that Ensogo terminates your use rights, Ensogo shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by such breach or violation.

Linking and Third Party Content

The Website, App and Service may contain links to third–party websites not under our control or operation. Ensogo or users may provide any such links only as a convenience; Ensogo does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website and/or App may contain news, advertisements, content, image and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.

Copyright Infringement

Since we respect content owner rights, it is Ensogo’s policy to respond to alleged infringement notices that comply with all applicable treaties of the World Intellectual Property Organization as well as any applicable implementing legislation, including but not limited to the U.S. Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on Ensogo, please notify Ensogo’s relevant legal manager at brand-protection@ensogo.com. When filing your report, please provide the following information below:

·         An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

·         Identification of the copyrighted work that you claim has been infringed;

·         Identification of the material that is claimed to be infringing and where it is located on Ensogo;

·         Information reasonably sufficient to permit Ensogo to contact you, such as your address, telephone number, and, e-mail address;

·         A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

·         A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Once proper, bona fide infringement notification is received, it is our policy:

·         To remove or disable access to the infringing material;

·         To notify the content provider, member or user that we have removed or disabled access to the material;

·         That repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the Ensogo platform.

 

Sales, Customs and Value-added taxes

In an effort to remain compliant with respective consumer legislation, we strongly encourage our merchants as well as our end customers to maintain good standing with respect to custom, value-added taxes or VAT, and sales tax of GST, where applicable.

Due to separate and applicable tax jurisdictions, the end customers’ purchases may be subject to specific sales, customs or value-added taxes, and the shipping time and associated cost may increase.

 

Ensogo VIP Membership Program

You agree to become a VIP Member when you checkout using the VIP Membership option, which entitles Ensogo to deduct USD 9.90 each month or its local currency equivalent from your saved payment information. For this, you will receive a free gift credit which can be used to purchase select items via the App during the month. You may cancel or pause your membership at any time by emailing stoptheperks@ensogo.com.  If you wish to cancel or pause your membership, you must inform Ensogo by 11:59pm Philippine Standard Time on the 7th of each month. If your instruction is not received by the 7th, it will be executed in the following month and you will be charged a normal VIP Membership fee for the given month. Ensogo will not be liable for any overdraft fees or any other charges that you may incur by us debiting the membership fee from your bank account. Please be advised that a VIP Membership may only be terminated by the registered Ensogo VIP Member.

You may always checkout as a non-Member if you are purchasing a full-price product, or choose to pay the full shipping fee on your first free gift item. 

 

Class Action Waiver

Both you and Ensogo waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Service, your membership in or purchases through the Ensogo VIP Membership Program and/or your Account, or products purchased through the Website and/or App as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.

 

Limitation of Liability

Ensogo shall not be liable to you, and you shall be solely responsible, for the selection, use, and suitability of the Website, App and the information, content, merchandise and experiences provided via the Website and/or App. Ensogo shall not be liable to you for any direct, indirect, incidental, special, exemplary, punitive, or consequential or any other damages in connection with your use of the Website or App, or purchase or use of products, merchandise, or experiences via the Website or App, including, but not limited to, loss of or damage to data or loss of or damage to information, personal injury or property damage, however caused, whether based on contract, tort, warranty, or other legal theory, even if Ensogo has been informed in advance of the possibility of such damages and/or such damages could have been reasonably foreseen by Ensogo.

Indemnity

You agree to indemnify, defend, and hold harmless Ensogo, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Website or App or your breach of the Terms of Service.

Dispute Resolution

Any dispute arising out of or in connection with the Terms of Service shall be subject to the sole jurisdiction of the Singapore courts.

 

Governing Law

These Terms of Service shall be governed and construed in accordance with Singapore Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Singaporean courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

 

Severability

If any part of these Terms of Service shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other part or portion of any part, all of which shall remain in full force and effect, so long as these Terms of Service shall be capable of continuing in effect without the unenforceable term.

 

LAST UPDATED: May 11th, 2016