Updated [09 May 2024]
Welcome to the Kliik Community (the "Platform").
Please read the following Terms of Use carefully before using this Platform or registering as a user by opening a Kliik account ("Account") so that you are aware of your legal rights and obligations with respect to Nu Ideaktiv Sdn Bhd. (Company Registration No. 201701033404 (1247575-P)), its affiliates and/or subsidiaries (individually and collectively, " Kliik”, "we", "us" or "our").
These Terms of Use govern your use and access of the Platform and the use of the Services (described below).
By using the Platform or registering for any associated services provided by the Platform, you agree to comply with and be bound by the following terms of use, which may be updated from time to time with or without notice (the "Terms of Use").
The Terms of Use constitute a binding contract between you and Nu Ideaktiv Sdn Bhd. (Company Registration No. 201701033404 (1247575-P)), its affiliates and/or subsidiaries (individually and collectively, "Kliik", "we", "us" or "our") regarding your use of the Platform and Services.
You represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use.
You shall not access or use the Platform or Services or accept these Terms of Use if you are not of legal age to form a binding contract with Kliik. If you do not agree with the Terms of Use, do not access or use the Platform or Services.
Kliik may perform automated or manual auditing of your Account activities for compliance with these Terms of Use.
Kliik offers a website that enables users registered with Kliik through the Platform and approved as "Influencer" to incorporate specific advertisement messages (“Advertisement”). These advertisement messages are instructed by Kliik as part of advertising programs provided by online advertisers ("Advertisers") on social networking sites and publishing services that are approved by Kliik.
Upon publication, the Advertisements are displayed alongside the Influencer's other messages. Influencers will receive financial rewards for successful transactions originating from an Advertisement that was previously approved by Kliik and complies with the commission guidelines published in connection with the rules for the Kliik program for the publication of Advertisements (the "Program"). All payments to Influencers are referred to as "Payments."
The Campaign Value stated on the Platform represents the Final Value, which is inclusive of any applicable sales, deduction for all marketing and co-branding activities, services tax, value-added tax, or similar taxes that may be introduced by the local government from time-to-time.
In order to use certain features of the Platform and to use the Services, you must apply for an Influencer account with the Program ("Account") by providing the relevant information as requested by the Platform registration form. You represent and warrant that:
all required registration information you submit must be truthful and accurate; and you shall ensure the accuracy of such information.
Accounts are open to individuals only (no corporations or other legal entities) who are residents in Malaysia. We will permit you to login to or integrate the Platform or Services with your applicable Social Media Platform (Hereinafter will be known as “SMP”) login credentials. If you log in or otherwise associate your Account with your SMP login credentials, we will receive information about you from the SMP in accordance with the applicable SMP Terms of Use (which may include but not limited to the terms of use and privacy policy). You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Kliik of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Kliik will not be liable for any loss or damage arising from your failure to comply with the above requirements.
If your Advertisements application is approved, at Kliik’s sole discretion, and subject to inventory availability and the needs of the applicable Advertisers, Kliik shall contact you regarding the placement of Advertisements, which you shall include on your SMP posts in order to earn Payment in accordance with the Program's commission guidelines. Hereafter, "Advertisements", "ad(s)", and any combinations thereof means Advertisements listed, provided, or made available to you specifically by Kliik. You have the freedom to customize the Advertisement as you see fit, subject to the following restrictions and such other restrictions as notified to you by Kliik:
You shall not post an Advertisement more than the number of times the Program dictates you can post to a single SMP account;
You shall not post Advertisements anywhere other than the approved SMP;
You shall not delete any Advertisements you post to your SMP account for at least three (3) months from the posting date;
You shall not alter any Advertisement in any way that violates any User Content Guidelines or in a manner not conducive with the spirit of the Advertisement
You shall not post any Advertisement that does not receive any sort of approval from the Advertisers or Kliik; and
You shall not by any means or measure resell or place products received from Kliik or Advertisers after Advertisements have been posted on your SMP account.
You must be a resident of Malaysia in order to be eligible for joining the referral programme;
A valid Referral Fee will be based on the terms below:
Kliik reserves the right to withhold payment if deemed necessary;
All applicants are required to submit personal information for procurement purposes, including but not limited to campaigns requiring the purchase of products for review, and all personal information provided is subject to the Platform’s PDPA Policy;
You hereby agree that Kliik may use your personal information for the purpose of additional follow-up communications to encourage completion of referral programme;
By participating the program, you agree by all Terms of Use set forth by Kliik; and
Any sort of withdrawal without proper reasoning will result in stringent actions taken by the Kliik Team based on Malaysian Laws.
You shall not post messages or content that are pornographic or sexually explicit in nature for any reason;
Your messages shall not include or encourage offensive content such as references to animal abuse, drug abuse, under-age drinking and smoking, bomb making or any other similar reference that would be reasonably considered offensive;
Your messages shall not make unauthorized claims about the products or services provided by Advertisers;
Your messages shall not be unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, or trade libellous;
You shall not post messages that violate any law, regulation (including those related to endorsements and advertisements), or any third party right, including any applicable intellectual property and privacy rights;
You shall not send messages meant to harm or insult the Advertiser or Kliik; and
Your messages shall not promote any hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity); and
You shall NOT enable the option to hide likes from Kliik or Advertiser on your SMP account for procurement and reporting purposes.
Your Account is under constant review and if you submit User Content (as defined below) that does not follow our User Content Guidelines or is otherwise in violation of these Terms of Use, you acknowledge and agree that Kliik has the right to retain any and all Payments otherwise owed to you.
Violation of Kliik rules or any other Terms of Use herein will result in immediate suspension or termination of your Account in Kliik.
Kliik may in its sole discretion and with or without notice, limit or deny access to your Account, the Services, and/or the Platform for any reason whatsoever.
If at any time, for any reason, Kliik determines that your Account is no longer approved, Kliik reserves the right to revoke and terminate your Account.
You shall not engage in any "alterations" of the Services, including generating or modifying any data associated with your Account in such a way that it is misleading or fraudulent.
You may not create or use technology that undermines or impedes the purposes of the Services.
You agree that if Kliik discovers, in its sole discretion, that you have violated this provision, all Payments owed to you may be forfeited;
You shall not directly contact any Advertiser; communication must strictly stay within the Platform;
You will shall post Advertisements on an SMP using the SMP account that has been approved by Kliik; and
Your SMP account must contain real social conversations, messages, opinions, or news. If your SMP account contains a number of Advertisements that is considered unacceptable to Kliik, it will be deemed, in Kliik’s sole discretion, an unapproved SMP account.
Subject to this section, these Terms of Use will remain in full force and effect while you use the Services.
You may delete your Account at any time, for any reason, by following the instructions on the Platform and upon deletion of an account, any remaining payment balance credited to the account shall be forfeited.
Kliik may suspend or terminate your Account and access to the Services for any reason in its sole discretion, including for violations of these Terms of Use, and any remaining payment balance credited to the account shall be forfeited.
You agree that if Kliik determines in its sole discretion that you have violated these Terms of Use in any manner, your Payments may be forfeited, and your Account may be terminated at Kliik’s discretion.
You understand and agree that if your Account is terminated for violation of these Terms of Use, you shall not be entitled to register for another Account on Kliik.
You understand that any termination of your Account may involve deletion of your User Content associated therewith from our Platform and live databases.
We will not have any liability whatsoever to you for any termination of these Terms of Use, including for termination of your Account or deletion of your User Content.
Kliik reserves the right to modify or discontinue or terminate any or all of the Program, Platform, or Services with or without notice to Platform users
Kliik reserves all its rights to modify or discontinue any or all of the Platform or Services with or without notice to Platform users. In which case, Kliik shall not be liable to you or any third party for any such modification, discontinuance or termination of any or all of the Platform or Services.
You acknowledge that Kliik may OR MAY NOT pre-screen Advertisements, but that Kliik and its designees shall have the right (but not the obligation) in their sole discretion to PRE-SCREEN, refuse, or move any Advertisements that is available in the Kliik Network.
Without limiting the foregoing, Kliik and its designees shall have the right to stop any promotion including Payments for any Advertisement it deems a violation of the Terms of Use or is otherwise objectionable.
Payments, calculated according to the Platform or Services’ commission guidelines, are made to your designated account unless another arrangement is agreed upon between you and Kliik.
It is your responsibility to ensure that your designated account is correct, up-to-date and to expedite amendments of your designated account information if needed.
We will not be responsible for any payments made to the wrong person (based on your designated account information).
Payments to your designated account are deemed as Nett amount which are subjected to the current payment terms dictated by Kliik’s Terms of Use.
Payments will be deposited into your designated account (“the Funds”) automatically within approximately sixty (60) days after the end of each calendar month upon the completion of the service once your unpaid earnings reach the payment threshold of RM100.00.
We will notify you via email that a deposit has been made to your bank account and the amount of the deposit. Payments will be subject to a reduction (or) transaction fees (in funds) equal to the fees associated with the transaction.
You are responsible to provide accurate, current and complete information about your bank account to enable the process of refund to your bank account. We shall not be liable for any losses or damages suffered by you due to any incorrect banking information provided by you.
We value your privacy and are committed to ensuring the confidentiality and security of your personal information. This section outlines our practices concerning the collection, use, and protection of the personal information you provide while using our services.
We may collect various types of personal information, including but not limited to your name, contact details, and other relevant details necessary for the provision of our services.
The collected personal information is utilized for various purposes, including but not limited to:
Any personal information collected is for the performance of the provision of our Services
Email addresses are collected to establish a direct line of communication with users. This allows for the dissemination of important updates, announcements, and newsletters related to the platform or service.
User email addresses serve as unique identifiers for account management purposes. They enable users to log in securely, retrieve forgotten passwords, and manage their account settings.
By collecting email addresses, platforms can personalize the user experience. This includes tailoring content, recommendations, and notifications based on user preferences and behavior.
Email addresses are often used for marketing purposes, including the distribution of promotional offers, discounts, and product announcements. These communications aim to engage users and drive conversions.
In addition to basic contact information, email addresses facilitate data enrichment processes. This involves gathering additional insights about users, such as demographics, interests, and behaviour, to create more comprehensive user profiles.
With enriched user data, platforms can implement gamification elements and surveys tailored to individual preferences. This enhances user engagement, encourages participation, and provides valuable feedback for product improvement.
By leveraging user data, platforms can deliver content that is relevant and valuable to each user. This ensures that users receive information, recommendations, and updates that align with their interests and needs.
Ultimately, the collection and utilization of email addresses contribute to an enhanced user experience. By delivering personalized, timely, and relevant content, platforms can foster loyalty, satisfaction, and long-term engagement among users
By using our services, you hereby consent to the collection, processing, and storage of your personal information based on Clause 3.3 above and the Platform’s PDPA Privacy. If you do not agree with any aspect of Clause 3.3 above or the Platform’s PDPA Policy, please refrain from using our services.
Except as required by law or as necessary for the provision of our services or as stated in Clause 3.3 above, we do not sell, trade, or otherwise transfer your personal information to third parties without your consent.
The Platform and the Services includes a combination of content created by us, or provided to us.
For the avoidance of doubt, all of the content, and other information either displayed on, transmitted through, available for download, or otherwise used in connection with the Platform and the Services, including but not limited to text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks, and all intellectual property rights contained therein, (collectively, the "Content") is owned by us unless stated otherwise.
Subject to the terms of these Terms of Use, Kliik grants you a non-transferable, non-exclusive license to use the Platform and its Services for the purposes of creating and managing your own landing page or bio-link within the Platform (if available). This feature allows Platform users to generate and publish content for your internal business use.
The rights granted to you in these Terms of Use are subject to the following restrictions:
you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform or Services;
you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform or Services;
you shall not access the Platform or Services in order to build a similar or competitive service; and
except as expressly stated herein, no part of the Platform or Services shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Platform or Services shall be subject to the terms of these Terms of Use. All copyright and other proprietary notices on any Platform or Services content must be retained on all copies thereof.
The Platform and Services will also include content provided by you ("User Content"). User Content will include your name and likeness. You warrant and represent that your User Content provided by you is:
User Content that you have the right to post, upload or provide on the Website without any further permissions from any third parties and at the same time, will not violate any person or any entity’s intellectual property or privacy rights;
you grant Kliik an irrevocable, royalty-free and fully paid, worldwide, transferable, non-exclusive license in perpetuity to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display the User Content on the Platform and Services and to promote, market, and commercially exploit the Website and Services using the User Content without any further permissions and/or to incorporate it in other works, in all cases in any form, media or technology now known or later developed, for any of our business purposes;
you acknowledge that other users and third parties may be able to view your User Content and that you consent to such viewing;
User Content will comply with all of the terms herein. You are solely responsible for your User Content. You acknowledge and agree that if you provide User Content to Kliik, such User Content may be used on third party services under the foregoing grant; and
You will also allow Brands/Advertisers and their agents to share, comment and re-post your User Content for online publicity and re-marketing purposes.
You represent and warrant that you will not use the Platform or Services to:
upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform or Services or violate the regulations, policies or procedures of such networks;
attempt to gain unauthorized access to the Platform or Services, other computer systems or networks connected to or used together with the Platform or Services, through password mining or other means;
harass or interfere with another user's use and enjoyment of the Platform or Services;
use any proxy to pretend you are from a geographic region different from your real location; or
use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Platform. You agree that if Kliik finds that you violate any of these restrictions, all of your Payments may be retained by Kliik.
You acknowledge and agree that all information and content provided to Kliik, whether using website or app, on any devices, shall be deemed Private and Confidential.
Your consent to the use of the Platform and Services also includes your sole and full responsibility to:
maintain strict privacy on all information provided to Kliik, regardless of text or visual;
only use the information provided to complete the Services and not for other utilisation besides creating user content for Kliik;
not disclose or disseminate any campaign information to any other person, communities, third parties or organizations whether they are directly or indirectly associated with the brand, product, company or agency mentioned in the platform or Services;
be fully accountable and liable for all losses or expenses incurred arising from negligence on your part to keep all campaign information Private and Confidential; and
give Kliik full rights to pursue any legal action and claims from you if you violate any or all of the conditions stated as its terms of use.
Each user of the Platform or Services is solely responsible for any and all of its User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.
Your interactions with other Platform or Service users are solely between you and such user.
You agree that Kliik will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Platform or Service user, we are under no obligation to become involved.
We specifically disclaim any and all express, statutory, or implied warranties regarding this Platform, Services, or any content, services or products provided through or in connection with this Platform, including without limitation warranties of merchantability or fitness for a particular purpose, warranties against infringement, title, quiet enjoyment, and warranties as to the availability, accuracy, completeness or content of any information, products or services available on or through this Platform.
we make no warranty that the platform or services:
will meet your requirements;
will be available on an uninterrupted, timely, secure, or error-free basis;
will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe;
While Kliik tries our best to make this Platform and the information in it available, accurate and secure, we do not guarantee:
the security, availability, accessibility, timeliness and uninterrupted use of this Platform;
the truth and accuracy of content or future changes to it;
the actions of other users on this or other Platforms;
Kliik will not be liable for any damages you may suffer from using this Platform or from the modification, suspension or discontinuance of the service of this Platform.
This Platform may contain hypertext links to websites created and maintained by other organizations. Kliik is not responsible for the contents of those websites. We shall not be liable for any loss or damage that you may suffer from using these websites or their content.
Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
We specifically disclaim any damage to any User Content or any unauthorized use of User Content; we specifically disclaim any promises or guarantees made by any third parties or other users of the Platform.
We do not promise or guarantee that you will receive any offers or payments under the Platform.
In no event shall Kliik or any of its affiliates, employees, agents, content providers, suppliers, or licensors be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, consequential, special, incidental, exemplary, or punitive damages (including lost savings or profit, lost data, business interruption or attorney’s fees) even if notified in advance of such possibility, including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, you agree that we are not liable for any amount exceeding the amounts owed to you for successful advertising services that comply with the terms of use herein. The existence of more than one claim will not exceed this limit. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
You agree to indemnify, defend and hold harmless Kliik and each of its respective partners, clients, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
any violation of these Terms of Use by you;
your User Content; or
your use of the Platform or Services.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Kliik. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice.
If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the new effective date. Your continued use of the Site or Services after any such changes constitutes your acceptance of the revised Terms of Use.
If you do not agree to abide by these Terms of Use or any future revised Terms of Use, you may opt out of the Program at any time by sending an email to enquiry@Kliik.com. It is your responsibility to regularly review these Terms of Use.
We reserve the right to modify, suspend, discontinue or restrict the use of any portion of the Platform or Services, including the availability of any portion of the Content at any time, to anyone for any reason without notice or liability.
Kliik is not responsible for changes or variations in the layout or content of its Platform or Services.
In the interest of our clients and Influencers, which include brands sponsored contents, and Influencers, Kliik puts forth its best efforts to ensure that all information on the Platform and pertaining to the Services is up-to-date and factual. Unfortunately, there are varying determinates which, although infrequent, could cause the information on our Platform or Services to become outdated without our immediate knowledge. Consequently, Kliik will not be held responsible for product revision changes.
Further, Kliik reserves the right to make any changes or revisions to the Platform or Services with or without notice and reserves the absolute right to determine or restrict any content on the Platform or Services, including User Content.
All communications with Kliik should be e-mailed to: enquiry@Kliik.com or within the Platform.
In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you fail to furnish us with precise information, we cannot be held responsible in the event that we are unable to notify you.
The failure of either party to require performance by the other party of any provision of these Terms of Use shall not affect in any way the first party's right to require such performance at any time thereafter.
Any waiver by either party of a breach of any provision in these Terms of Use shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These Terms of Use, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and Kliik and govern your use of the Platform and Services, superseding any prior agreements that you may have with us.
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
The word ‘including’ means including without limitation.
Your relationship to Kliik is that of an independent contractor, and neither party is an agent or partner of the other.
These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Kliik’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms of Use shall be bound upon assignees.
If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.
