MYGENPRO User Terms & Conditions

By browsing and using this Internet site at MYGENPRO (the “Web Application”), you agree to be bound by the User Terms and Conditions of Use set forth below (the “Terms and Conditions”). You must exit this Web Application immediately if you do not agree to the Terms and Conditions or are not of a legal age for consuming and/or purchasing alcoholic beverages.

Changes to the Terms and Conditions. 

MYGENPRO may, in its sole discretion, revise the Terms and Conditions from time to time and it is your responsibility to review the Terms and Conditions each time you access this Web Application. Your continued use of the Web Application after such revisions are posted will constitute your agreement to such changes.

Modifications to the Web Application. 

MYGENPRO reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Web Application, including, but not limited to, content, features or hours of availability. MYGENPRO may impose limits on certain features of the Web Application or restrict your access to part or all of the Web Application without notice or penalty.

Web Application Age Limitation. 

MYGENPRO and its delegated agent maintain this Web Application for the personal use of web visitors who are lawfully permitted to consume and/or purchase alcoholic beverages.

Use of Materials. 

You may print or have printed by a third party any downloadable material contained on this Web Application provided that:
(i) the material is solely for non-commercial and personal use
(ii) no copyright or other proprietary notice is removed from the material
(iii) the material is not altered in any manner

Copyrights, Trademarks and Other Proprietary Rights. 

You acknowledge and agree that all content and materials available on this Web Application, including but not limited to trademarks, designs, logos, names, text, images, audio and video materials are the property of MYGENPRO (“EDPR’s Proprietary Material”) unless otherwise noted. EDPR’s Proprietary Material is protected under the intellectual property laws throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from EDPR’s Proprietary Material. You may not display, reproduce, distribute, modify, transmit, or otherwise use EDPR’s Proprietary Material in any way for any public or commercial purpose, without the prior and express written consent of MYGENPRO.

No License. 

Except with respect to the limited license to download and print certain material from this Web Application for non-commercial and personal use only, as set forth above in the section entitled “Use of Materials,” nothing contained on this Web Application shall grant, whether by implication, estoppel, or otherwise, any license or right to use any of EDPR’s Proprietary Material. All rights, title and interest in and to all aspects of EDPR ‘s Proprietary Material remain the exclusive property of MYGENPRO.

Earning Points

(i) The Company may, at its sole and absolute discretion, award you points (“Points”) which can be used to redeem for Rewards upon the completion of MYGENPRO qualifying products purchased in Southeast Asia.
(ii) The Company may, at its sole an absolute discretion, issue you 25 Point for every product purchased.
(iii) The Company may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected product as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.
(iv) Points earned via the Company authentication system are valid indefinately.
(v) Points have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

Redemption of Rewards

(i) You must use your Points earned to redeem for Rewards during its applicable validity period.
(ii) You agree that you will have no claim whatsoever against the Company for any expired Rewards.
(iii) If you comply with all these terms and conditions and have the required number of Points, you may select and redeem applicable Rewards via the System. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of the Company or the third party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
(iv) You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against the Company for any expired e-vouchers.
(v) Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
(vi) Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
(vii) The Company may at its sole and absolute discretion reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward, or where the Reward is no longer made available or out-of-stock by the third party merchant, or where the Points you wish to use for redemption of Rewards have been issued to you in error etc.
(viii) You may check your Points balance and redemptions made in the System. Your Points balance and redemptions as set out in the System shall serve as a conclusive evidence of the same.

User Conduct. 

You are solely responsible for the content and context of any materials or information you post or submit through the Web Application. You warrant and agree that, while using the Web Application, you shall not upload, post or transmit to or distribute or otherwise publish through the Web Application any materials which:
(i) are unlawful, threatening, harassing or profane
(ii) restrict or inhibit any other user from using and enjoying the Web Application
(iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
(iv) contain a virus or other harmful component
(v) contain advertising of any kind
(vi) contain false or misleading indications of origin or statements of fact
You also warrant and agree that you shall not send, forward, transmit or distribute by e-mail or by any other mean any material or content of the Web Application to persons under the legal alcohol drinking and/or purchasing age in their country of residence.

MYGENPRO will fully cooperate with any law enforcement authorities or court order requesting or directing MYGENPRO to disclose the identity of, help identify, or locate anyone transmitting any such content.

Communication to Web Application. 

All communications, including but not limited to all remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Web Application, whether by e-mail, posting, uploading, or otherwise, will become the exclusive property of MYGENPRO. MYGENPRO will not be required to treat any submission as confidential. By transmitting content to this Web Application, you automatically grant to MYGENPRO a royalty-free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display that content alone and as part of other works in any form, media, or technology whether now known or hereafter developed, and to sub-license such rights. You agree that MYGENPRO is free to use any ideas, concepts, know-how, or techniques contained in any content that you transmit to this Web Application for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, and that MYGENPRO need not provide any compensation or acknowledgment to you in exchange for any such use.

Monitoring. 

You agree that MYGENPRO has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Web Application, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, MYGENPRO does not and cannot review all materials posted to the Web Application by users and MYGENPRO assumes no responsibility or liability for any actions or content transmitted by or between you or any third party within or outside of this Web Application. If notified, MYGENPRO may investigate an allegation that content transmitted to this Web Application is in violation of the Terms and Conditions and determine whether to have the communication removed from this Web Application. However, MYGENPRO is under no obligation to remove content transmitted by third parties from this Web Application and assume no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

Disclaimer of Warranties.  

Your use of this Web Application is at your sole risk. This Web Application including all its content, functions and information made available on or accessed through the Web Application, is provided on an “as is” “as available” basis without representations or warranties of any kind, whether express or implied, including but not limited to non-infringement of third party rights, merchant ability or fitness for a particular purpose. MYGENPRO does not warrant that the Web Application or its functions, features or content contained therein will be uninterrupted, error-free, secure, free of viruses or other harmful material, complete, accurate, timely, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users.

Limitation of Liability. 

In no event shall MYGENPRO or its affiliates, and their respective officers, directors, employees, and agents, be liable for any damages (including without limitation direct, indirect, incidental, special ,consequential and punitive damages, lost profits, and damages resulting from lost data or business interruption) that are directly or indirectly related to the use of or inability to use this Web Application and its content, materials and functions thereof whether based on warranty, contract, tort, including but not limited to negligence or otherwise, or any other legal theory, even if MYGENPRO has been negligent or has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the foregoing limitations may not apply to certain users. In no event shall the total liability of MYGENPRO to you for all damages, losses, and causes of action (whether based in warranty, contract or tort, including but not limited to, negligence or otherwise) arising from this agreement or you use of the Web Application exceed, in the aggregate, RM100,00.

Indemnification. 

You shall indemnify, defend and hold harmless MYGENPRO, its officers, directors, employees and agents (collectively, the “Indemnified Parties”), from and against any and all claims or demands made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to your browsing or use of this Web Application, content you transmit to this Web Application, your violation of any rights of another, or your breach of the Terms and Conditions. MYGENPRO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of MYGENPRO.

Termination. 

This Agreement constitutes a binding agreement between you and MYGENPRO until terminated by you or MYGENPRO, which MYGENPRO may do at any time, without notice, in MYGENPRO ‘s sole discretion. If you become dissatisfied with the Web Application, in any way, your only recourse is to immediately discontinue use of the Web Application.

Jurisdiction. 

The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, without regard to conflicts of laws provisions. You irrevocably consent to the jurisdiction of the appropriate courts located in the state of Minnesota for any action arising from or relating to the Terms and Conditions or your browsing or use of this Web Application.

Notices and Disclosures. 

Except if explicitly stated otherwise, any notices shall be given by e-mail to, in the case of MYGENPRO [email protected], or, in the case of a user to the e-mail address you provide to MYGENPRO. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

Outside Malaysia. 

This Web Application is intended for use mainly of Malaysia residents of the legal drinking and purchasing age. MYGENPRO makes no claims that the content of this Web Application is appropriate or may be downloaded outside of the Malaysia. If you access this Web Application from outside of the Malaysia., you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. A reference to a particular product or service does not imply that MYGENPRO intends to make such products or services available in all countries.

General Provisions. 

If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or MYGENPRO to exercise or enforce any rights or provisions of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Web Application or the Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms and Conditions comprise the entire agreement between you and MYGENPRO and supersede all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms and Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms and Conditions.

Contact Us. 

If you have any questions about the Terms and Conditions, the practices of or your experience on any of the Web Application, please contact us at by e-mail at [email protected]

© 2017 MYGENPRO. All rights reserved. Products distributed in Malaysia are imported and/or distributed by group of licensed suppliers.

INFORMATION ABOUT US

DIEM Duroil Sdn Bhd, a Malaysia Sendirian Berhad company having its Registered Office at: Suite 8-3A-1, Block 8, 4th Floor, Queens Avenue, Jalan Bayam, 55100 Kuala Lumpur, Malaysia., duly registered in the National Court Register under Number 619639K.

MALICIOUS CODE, HACKING AND OTHER OFFENCES 

You must not misuse the Web Application by knowingly introducing any Malicious Code. You must not attempt to gain unauthorised access to the Web Application, the server on which the Web Application is stored or any server, computer or database connected to the Web Application. You must not attack our Web Application via a denial-of-service attack or a distributed denial-of service attack.  We will report any such activity by you to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Web Application will cease immediately.  We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Web Application or to your downloading of any material posted on it, or on any website linked to it.

INTERACTIVE SERVICES 

We may from time to time provide interactive services on the Web Application including, without limitation, chat rooms and forums, bulletin boards, image upload features, and interactive drinks functionality. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).  We will make reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on the Web Application, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Web Application, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

Any and all material which you contribute to the Web Application must comply with the spirit of the following content standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Your contributions must:

-  Be accurate (where they state facts).
-  Be genuinely held (where they state opinions).
-  Comply with applicable law of the country from which they are posted.

Your contributions must not:

-  Encourage, promote or glamorize under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving.
-  Be targeted at an under legal drinking age audience.
-  Harm, or attempt to harm, minors in any way.
-  Contain any material which is defamatory of any person.
-  Contain any material which is obscene, offensive, hateful or inflammatory.
-  Contain sexually explicit or oriented material.
-  Promote violence.
-  Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
-  Infringe any copyright, database right, publicity right, trade mark or other proprietary right of any other person.
-  Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
-  Promote any illegal or immoral activity.
-  Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
-  Be likely to harass, upset, embarrass, alarm or annoy any other person.
-  Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
-  Give the impression that they emanate from us, if this is not the case.
-  Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.