ServiceClicks

"Services you need from the people you can trust"

Terms & Conditions

In General

References in this Terms of Use (as herein defined) to "we", "us" and “ServiceClicks” are to Stone Soup Technologies Sdn Bhd (trading as ServiceClicks and/or variations with the domains of .com.my or .my; also referred to as “This Website” or “Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you (the “User” or “Users”) are agreeing to all of the Terms of Service, as may be updated or revised by us from time to time without prior consent and/or notice. Users should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may also contain links to other websites which are not operated by ServiceClicks (the "Linked Sites"). ServiceClicks has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each respective site.

Privacy Policy

Our Privacy Policy, incorporated by reference in these Terms of Service, sets out how we will use personal information you provide to us. By using this Website, you agree to be bound by the Privacy Policy, and warrant that all data provided by you is accurate.

We may process and use data and information we collect from or of you to provide, maintain, protect and improve them, to develop new ones, and to protect us.

We do not share personal information with companies, organizations and individuals outside of our group unless one of the following circumstances apply:

  • We may be required to disclose your personal data to our related corporations, service providers, gateway providers or other third parties to enable our Services and/or a Transaction to be undertaken and/or for the purpose of our performing our obligations or exercising our rights and you hereby consents to such disclosure; or
  • We may disclose your personal data as required by law or any competent authority or to detect, prevent, or otherwise address fraud, security or technical issues; or
  • We will share personal information with companies, organizations or individuals outside of our group when we have your consent to do so.

Prohibitions

You must not misuse this Website. Without limiting the breadth of the foregoing, you will not: commit, facilitate or encourage a criminal offence; transmit or distribute a virus, Trojan horse, worm, logic bomb, or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of ServiceClicks or its partners involved in the operation and maintenance of this Website. You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive, launching or facilitating any denial of service attack on the Website, or using any scraper, robot, spider, or other automated mechanism to access the Website or download content. We reserve the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these Terms of Service. You acknowledge and hereby consent to such monitoring. We will not be liable for any loss or damage arising from the use of the Website, caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Children / Minors Under 13

You hereby affirm that you are at least 18 years old, as this Website is not intended for use by person under 18 years of age. If you are under 18 years of age, please do not use the Website or Services. ServiceClicks wishes to inform you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this Website remains the property of ServiceClicks or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ServiceClicks and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by ServiceClicks or its licensors.

Sharing Your Content and Information

ServiceClicks does not claim any ownership rights on any descriptions, comments, files, photos, images, works of authorship, applications, or any other materials (collectively, "Content") that you publish and/or create on ServiceClicks using its List Your Service and/or other Services. By displaying and/or publishing any Content on or through this Website, you hereby grant ServiceClicks a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Website in any media formats through any media channels.

When you share your published Content on any third party website or application, such as Facebook, Twitter, LinkedIn, Pinterest and YouTube, you will be subject to their privacy policies, terms and data sharing rights. Your shared published Content will be subject to your own privacy and sharing settings on these third party websites.

Terms of Business

ServiceClicks’ goal is to connect Service Providers (“Sellers”) of services, to potential customers (“Potential Buyers” or “Potential Buyer”), and vice-versa, to facilitate a potential business transaction (“Transaction”, “Sale”, “Transacted Service”, “Provided Service”) between the Seller and the Potential Buyer.

Sellers use our List Your Service function to create or feature a specific service listing (“Service-Listing”), and there is no charge to create and publish Service-Listings on ServiceClicks. Potential Buyers who are interested to obtain or enquire-further about the Services may contact the Sellers through ServiceClicks’ internal-messaging system, called Hot Messages (“Hot Messages” or “Messages”). Personal contact details such as full name, email contact(s), addresses or references to external website Links, e.g. on Facebook, Pinterest, or Youtube for example, are not allowed to be exchanged through the Hot Messages messaging platform.

Sellers may request for the contact details of the Potential Buyer, by paying a Sales-Lead fee (“Sales-Lead fee”), where the Potential Buyer’s contact details are then exchanged with the Seller. The Seller agrees to pay a Sales-Lead fee on the basis of information exchanged within the Hot Messages system, from the information revealed about the Potential Buyer through his/her User Profile (“User Profile”), from User-Feedback (“User Feedback”) given by other Users and other related features found on ServiceClicks. Refer also to ServiceClicks statement of Disclaimer of Liability.

The charges and rates of the Sales-Lead fee can be found below:

(Temporarily not displayed as ServiceClicks’ Services are currently being offered on a preview/trial basis. Please check in regularly for any updates. This information will also be provided in the FAQ section of this Website)

By paying a Sales-Lead fee, the Seller is hereby requesting for, and will receive, the contact details of the Potential Buyer. These contact details can include, but need not necessarily always contain, information of the Potential Buyer such as name, telephone number, email address and/or other information which the Potential Buyer has agreed to provide, upon payment of the Sales-Lead fee. The Potential Buyer will then also receive the contact details of the Seller, such as, but need not necessarily always contain, information of the Seller such as name, telephone number, email address, website Links and/or other information which the Seller has agreed to provide to the Potential Buyer.

By paying the Sales-Lead fee, the Seller is also hereby acknowledging that ServiceClicks is only passing on the contact details of a Potential Buyer, for the Seller and Potential Buyer to then freely negotiate the terms of trade. ServiceClicks is unable to provide or give any assurances or guarantees, to either the Seller or the Potential Buyer, that a confirmed Transaction of Service will take place, be paid or will be to the satisfaction of the Seller or Potential Buyer.

ServiceClicks is unable to offer nor provide any refunds of the Sales-Lead fee.

Sellers and Potential Buyers are expected, on their own accord, to discuss and negotiate the terms of the Service, which can include the price of the Service (“Service Price”), validity period, other additional costs such as optional extras, overtime, premiums, gratuity/tips or travel allowances, the expected quality of Service, warranties or guarantees, the date/time/place for the Service to be provided, the duration of the Service, terms of payment and/or other expectations or other measurable quality-of-service terms. Where possible, ServiceClicks recommends that these expectations or commitments be documented on paper or electronically, and mutually agreed upon, before commencement of the Service.

In order to contract with ServiceClicks you must be 18 years of age or over and possess a valid credit or debit card, or possess a valid online banking account issued or operated by a bank acceptable to ServiceClicks. ServiceClicks retains the right to refuse any request made by you. If your payment is accepted we will inform you by email and both the Seller and Potential Buyer will also receive email notifications of each other’s contact details.

This email notification may originate from ServiceClicks or may in some cases come from a third party vendor. Where a contract is made with a third party, ServiceClicks is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized owner or user of the credit or debit card, or the online banking account that is used to place your order and that there are sufficient funds to cover the cost of the Sales-Lead fee and/or other compulsory taxes that may be required by law.

Payment

Upon receiving your online-payment, ServiceClicks or an authorised third party vendor may carry out a standard pre-authorization check on your payment card or online bank account to ensure there are sufficient funds to fulfil the transaction. For this reason, the email(s) containing the completed-transaction notification or contact details information may not be dispatched until this pre-authorization check has been completed.

Disclaimer of Liability

The material and Content displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law ServiceClicks and its licensors, third-party vendors, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

To the extent permitted by law, in situations where our liability cannot be excluded by law, our liability is limited to the amount paid by you for the Sales-Lead fee in respect of the Transaction in question.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

Advertising Services And Profiling

In the event that we carry out advertising on our website, we will not supply and will not permit advertising services on our site to directly collect any personally identifying information unless otherwise consented to by you; however, in some cases, IP address information may be referred to an advertising service servicing advertisements on the site.

You should also be aware that an advertising service may have the ability to correlate otherwise anonymous cookie information that it collects from the site to you if you have previously provided personally identifying information to (a) the advertising service directly or (b) a site which shares such information with the same advertising service. In any case you should refer to the advertising service's privacy policy.

Disclaimer as to ownership of content, trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary, all User-submitted content and references to persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with ServiceClicks and you should not rely on the existence of such a connection or affiliation. The validity of User-submitted content remains the responsibility of the respective User and not ServiceClicks. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to ServiceClicks. We are entitled (but not obligated) to remove any images found to be or potentially in breach of third party trade marks and/or intellectual property rights.

Indemnity

You agree to indemnify, defend and hold harmless ServiceClicks, 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 this Website or your breach of the Terms of Service.

Variation

ServiceClicks shall have the right in its absolute discretion at any time and without notice or consent to amend, remove or vary the Services and/or any page of this Website and/or the Terms of Service (including the Privacy Policy, any other ServiceClicks policies linked to herein) or any part thereof.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not affect all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of Malaysia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Malaysia courts.

Entire Agreement

The above Terms of Service (including the Privacy Policy, any other ServiceClicks policies linked to herein) constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ServiceClicks. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of ServiceClicks.