Terms and Conditions

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BRANDXCESS DIGITAL OUT-OF-HOME ADVERTISING PROGRAM
TERMS AND CONDITIONS (“T&Cs”) – UPDATED AS OF 3rd JULY 2017

PROGRAM PARTICULARS

  1. Vivaki (Malaysia) Sdn. Bhd. (company number 567356-M), the proprietary owner of “Brandxcess”, has appointed Eleven Pound Sdn. Bhd. (company number 1053261-H) to operate the “Brandxcess Digital Out-Of-Home Advertising” (“Program”) for the duration of the Program commencing 29 May 2017, unless notified otherwise.

The following sets out the terms and conditions applicable to the Program.

ELIGIBILITY

  1. The Program is only applicable at Klang Valley, Johor Bahru and Penang, Malaysia and is open to selected Malaysian micro Small and Medium-sized Enterprises (“SME”) customers which consist of Sole Proprietorships, Partnerships and Private Limited companies (i.e. companies with “Sdn Bhd” in their names (“Eligible Accountholders”).

PROGRAM MECHANICS

  1. Eligible Accountholders will be eligible to participate in this Program to enjoy the subsidized digital screens advertising cost via existing Malaysia’s largest Out-Of-Home (OOH) digital network located at Klang Valley, Johor Bahru and Penang. The lists of digital screens networks available are specified in Appendix 1 annexed to this T&Cs and are subject to changes from time to time. The Eligible Accountholders are required to log on to Brandxcess website at www.brandxcess.com (“Website”) to view the latest list of digital screens networks made available for this Program. The website is operated and/or controlled

  2. To ease the selection of the digital screens networks and locations by the Eligible Accountholders, the digital screens networks and locations are packaged based on the available digital screens networks for the purpose of this Program (“Package”) and is subject to availability at the time of selection of the Package as desired by the Eligible Accountholders.

  3. Advertisement content is subject to final approval by the relevant authority or concession owner or building owner or equivalent and Brandxcess shall not be responsible or held liable in the event that the advertisement(s) are rejected or are subject to any penalties and/or fines by the relevant authority or concession owner or building owner as the case may be for any reason whatsoever. The respective Malaysia Code of Advertising Practice and terms and conditions of various media assets (collectively known as “Code”) will apply and Brandxcess shall not be held responsible or liable in the event of breach of such Code by any parties for any reasons whatsoever.

  4. The visuals and marketing terminologies specified and featured in all marketing materials pertaining to this Program are for illustration purposes only. For the avoidance of doubt, the total cost incurred by the Eligible Accountholders for this Program is subject to the type of digital screens network(s) selected and the duration of the advertisement based on the Package made available for this Program. In the event if the Eligible Accountholders would require content development from Brandxcess, additional cost of not more than Ringgit Malaysia Eight Hundred (RM800) not inclusive of GST will incur for ten (10) to fifteen (15) seconds of content. Eligible Accountholders may appoint their own creative agency at their own cost to develop the advertisement content and thereafter to be provided to Brandxcess prior to the live advertisement.

  5. Brandxcess shall notify the Eligible Accountholders via telephone calls or emails or any other method deemed appropriate on the availability of the selected Package. Upon confirmation of the availability of the selected Package, the Eligible Accountholders shall make payment by way of Interbank Giro (IBG) or Cash Deposit Machine or any other payment method as may be determined by Brandxcess for the selected Package and the additional cost incur for the content development by Brandxcess (if applicable) within 24 hours from the time of receiving the payment account details of Brandxcess via email or the time frame as may be determined by Brandxcess and the Eligible Accountholders will need to submit proof of payment by e-­‐mailing the relevant receipt(s) or statement(s) evidencing the full settlement of the payment to customerservice@brandxcess.com once payment has been made, failing which Brandxcess shall not be responsible in the event of non-­‐availability of the Package due to the delay of full payment by the Eligible Accountholders.

    For the avoidance of doubt, it is essentially the obligation of the Eligible Accountholders to provide their latest and accurate telephone / mobile numbers and/or e-­‐mail addresses and Brandxcess shall not be responsible in the event that the Eligible Accountholders cannot be contacted by Brandxcess for any reasons whatsoever.

  6. Upon successful payment to Brandxcess, the Eligible Accountholders agree to be bound by Brandxcess’s terms and conditions and/or policy (“Term”) governing the digital screen advertisement as prescribed below:
    1. The Packages of the digital screens are subject to availability at the time of booking and Brandxcess does not guarantee the availability of the digital screens network, location, packages or promotional rates.

    2. Brandxcess accepts payment via Internet Bank Giro or Cash Deposit Machine. The Eligible Accountholders will need to submit proof of payment by e-­‐mailing the relevant receipt(s) or statement(s) evidencing the full settlement of the payment to customerservice@brandxcess.com once payment has been made. All Eligible Accountholders will be given 24 hours to make the payment transaction from the time of receiving the payment account details of Brandxcess via email or the time frame as may be determined by Brandxcess together with the receipt(s) or statement(s) as mentioned above, failing which Brandxcess shall not be responsible in the event of non-­‐availability of the Package due to the delay of full payment by the Eligible Accountholders.

    3. Brandxcess practices a non-­‐cancellation policy. All successful transactions / payment are not subject to refund or credit and any appeal for the refund of payment will not be entertained. Changes of advertisement date (“New Date”) are allowed but subject to availability and it is on a first-­‐come, first-­‐ served basis. In the event that the New Date is not available, it is essentially the obligation of the Eligible Accountholders to contact Brandxcess’s customer service number at 03-­‐7728 2122 (Monday to Friday, 9 a.m. to 5 p.m. only) or e-­‐mail to customerservice@brandxcess.com for further arrangement. The Eligible Accountholders must notify Brandxcess (in writing) with the commencement of the New Date at least 7 working days before the original advertisement start date.

    4. Brandxcess does not warrant the accuracy, timeliness, performance, effectiveness, completeness or suitability of the information or content obtained from the actual media owners and/or screen providers and operators of the ecosystem (“Third Party”), and materials found, posted or offered on the site for any particular purpose. The Eligible Accountholders acknowledge that such information and materials are presented on an “AS IS” basis and may contain inaccuracies or errors and Brandxcess expressly exclude liability for any such inaccuracies and errors to the fullest extent permitted by law. The screening of commercial(s) on digitals screens are subject to the approval by but not limited to relevant authorities, local councils, concession owners and property owners. Submission of advertisement materials by the Eligible Accountholders must be at least 12 working days before advertisement start date.

    5. Prefix advertising material template and creative assistance is available for the Eligible Accountholders who opt for content development by Brandxcess, and will be chargeable at a fee of Ringgit Malaysia Eight Hundred (RM800) not inclusive of GST for template adaptation. The Eligible Accountholders are allowed up to a maximum of two (2) revisions during the material production period, after which a surcharge of Ringgit Malaysia Two Hundred and Fifty (RM250) for each revision will be imposed for subsequent revisions and authorities approval submissions. Should the Eligible Accountholders need to make changes to the final approved advertisement, there will be a charged fee of Ringgit Malaysia Two Hundred and Fifty (RM250)for the extra service and 5 working days are required for amendments to be made. Effectively 1st June 2017, a mandatory fee of Ringgit Malaysia Thirty (RM30) not inclusive of GST is impose per material submission on creative artwork for Dewan Bahasa & Pustaka (DBP) approvals. This is applicable to all outdoor advertising medium in Malaysia.

    6. The Eligible Accountholders warrants that the advertising and program material submitted or displayed:
      1. Contains no false or unwarranted claim for any product and/or service and contain of defamatory or abusive statements
      2. Does not infringe the copyright or other intellectual property rights of any third party
      3. Comply with all requirements for payments of royalties or license fees or any other payments in respect of any third party rights
      4. Comply with the prevailing advertising regulations of the country and respective states and consist of the mandatory inclusion of the national language, Bahasa Malaysia. All materials must be submitted for relevant authorities approvals 12 working days before advertisement in-­‐charge and make time for creative amendments based on authorities’ feedback to avoid any delays.

    7. The Eligible Accountholders shall at all times upon the request of Brandxcess, agree to provide Brandxcess the advertising matter, which comply with and conform to any regulations delegated legislation, guidelines or Code of Ethics by any government bodies, agencies or other relevant authorities.

    8. Brandxcess reserves the right to temporary suspends the normal workings of the site for maintenance and upgrading purposes. Brandxcess disclaims any loss of revenue, actual or anticipated, suffered by the Eligible Accountholders due to such suspension of site.

    9. Should any of the package screens are identified for the sudden reinforcement for National or Government civic airing, Brandxcess will inform the Eligible Accountholders prior to such event, and the Eligible Accountholders shall receive an extension of the campaign duration (i.e. the duration where the Eligible Accountholder’s advertisement will be play on the digital screen) in accordance to the campaign downtime (i.e. the non play duration of the Eligible Accountholder’s advertisement) that is affected by the National or Government civic campaigns.

    10. The Eligible Accountholders may not transfer, sub-­‐contract or otherwise deal with their rights and/or obligations under these terms and conditions.

ELIGIBILITY

  1. By participating in the Program, the Eligible Accountholders:
    1. agree to have read, understood and be bound by the T&Cs herein;

    2. confirm and warrant that they are authorized to disclose the relevant personal information of their contact person(s) to Brandxcess pertaining to this Program;

    3. agree to be bound by the terms and conditions of Brandxcess or such other terms and conditions in respect of the Program as may be imposed by Brandxcess at any time or from time to time in relation thereto;

    4. Brandxcess’s decision on all matters relating to the Program shall be final and binding on all Eligible Accountholders and no further correspondence and/or appeal to dispute such decisions will be entertained;

    5. hereby give their consent to and authorize Brandxcess to disclose their registered business names, business registration number and contact person’s name, contact number or mobile number and email address of the contact person and any relevant and required information to any other service provider engaged by Brandxcess for the purpose of managing and running the Program.

    6. agree to access the Brandxcess’s Website at regular time intervals to view the T&Cs and the available Packages and list of networks and ensure to be kept up-to-date on any change or variation to the T&Cs; and

    7. agree to be personally liable for all taxes, government fees or any other charges that may be levied against them by Brandxcess under the applicable laws, if any, in relation to the Program.

  2. Brandxcess reserves the rights to:
    1. disqualify any Eligible Accountholders for any reason whatsoever as Brandxcess may in its absolute discretion deems fit from participating in this Program;

    2. forfeit the Program offering in the event there is non-compliance of the T&Cs herein by the Eligible Accountholders;

    3. add, delete, suspend or vary the T&Cs contained herein, either wholly or in part, at Brandxcess’s absolute discretion by way of posting on Brandxcess’s Website, or in any manner deemed suitable by Brandxcess at any time with twenty-one (21) calendar days’ prior notice to the Eligible Accountholders.

    4. Eligible Accountholders who have committed or are suspected of committing any fraudulent or wrongful acts in relation to any of the facilities granted by any financial institution(s) or have been declared bankrupt (pursuant to a petition by either Banks or by any third party) or are subject to any bankruptcy proceedings at any time prior to or during the Program Period shall NOT at Brandxcess’s absolute discretion be eligible to participate in the Program.

    5. The T&Cs stated herein are to be read together as a whole with the General Terms of Use of Brandxcess’s website, and any other relevant terms and conditions as Brandxcess may impose from time to time with prior notice.

    6. In the event of any discrepancy between the T&Cs and any advertising, promotional, publicity and other materials relating to or in connection with the Program, the final T&Cs on Brandxcess’s Website shall prevail.

    7. The T&Cs shall be governed by and construed in accordance with the laws of Malaysia and Eligible Accountholders agree to submit to the exclusive jurisdiction of the Courts of Malaysia.

  3. Words denoting one gender include all other genders and words denoting the singular include the plural and vice versa.


APPENDIX 1

Participating digital screens network in Klang Valley, Johor Bahru and Penang is specified below;

No. Region Description No. of Screens Network Category
1 Klang Valley Jln Sg. Besi 10 Street Network (Digital Buntings)
2 Klang Valley Jln KlangLama 26 Street Network (Digital Buntings)
3 Klang Valley Jln Tun Razak (RHB) 10 Street Network (Digital Buntings)
4 Klang Valley Jln Yew Coming soon Street Network (Digital Buntings)
5 Klang Valley Jln Tun Razak (Intermark) Coming soon Street Network (Digital Buntings)
6 Klang Valley Jln Kuching Coming soon Street Network (Digital Buntings)
7 Klang Valley Jln Loke Yew Coming soon Street Network (Digital Buntings)
8 Klang Valley Rawang 1 Street Network (Single Sided)
9 Klang Valley Jln Loke Yew 1 Street Network (Single Sided)
10 Klang Valley Jln Tunku Abdul Rahman 1 Street Network (Single Sided)
11 Klang Valley Ampang Line 105 LRT Network
12 Klang Valley KL Monorail 44 LRT Network
13 Klang Valley KL Sentral 2 Transit Network (KL Sentral)
14 Klang Valley Skypark 3 Airport Network (Skypark)
15 Klang Valley 7 -Eleven 436 Convenience Store Network (7-Eleven)
16 Klang Valley Sephora Walkway, Starhill 3 Mall Network
17 Klang Valley Berjaya Times Square 16 Mall Network
18 Klang Valley Lot 10 Shopping Mall 7 Food & Mall Network
19 Klang Valley Starhill Gallery 4 Food & Mall Network
20 Klang Valley Rapid KL 737 In-Bus Network
21 Klang Valley UM, UNITEN, Nilai Uni, UKM (Bangi), UKM (KL), UPM, MAHSA, UIA 127 University Network
22 Klang Valley LHDN, JPJ,IMMIGRATION, KWSP, JPN 75 Government Network
23 Klang Valley Hosp. Klang, Hosp. Selayang, Hosp. Putrajaya, PPUM, PPUKM, HKL 105 Hospital Network
24 Klang Valley Klang Valley Network 13 Money Exchange Network
25 Penang Penang Plaza 1 Street Network (Single Sided)
26 Penang Queensbay Mall 1 Street Network (Single Sided)
27 Penang Juru Auto City 1 Street Network (Single Sided)
28 Penang Penang Network 2 Money Exchange Network
29 Johor Jln Kebun The 1 Street Network (Single Sided)
30 Johor Johor Network 4 Money Exchange Network
31 KL, Penang, Pahang, Melaka JW Marriot(KL), Ritz Carlton (KL), Majestic (KL), Vistana (KL), Vistana (Penang), Vistana (Kuantan), Cameron Highland Resort (Pahang), Majestic (Melaka) 2000 Hotel Network