Terms And Conditions – General

RECOMMEND.MY TERMS AND CONDITIONS – GENERAL

When you use the services provided by RecomN Technologies Sdn Bhd. (Company Registration No: 1096851-A) (“Recommend.my” “We” or “Us” or “Our”), you are agreeing to our terms. So please take a minute to read and understand the user terms below.

If you do not agree to any of these terms and conditions, you should not proceed with setting up an account, requesting for a service, submitting information about yourself, or participate in any transaction on Recommend.my.

1. Our Purpose

Recommend.my helps connect customers who are looking for services, to Service Professionals that are listed on our system (“Service Professional”). By providing an online platform that taps on the social network connections of consumers and service professionals, we help consumers make more informed decisions when choosing a service professionals, and help service providers reach out to more targeted customers.

Recommend.my also allows customers to submit a request for a service and either receive a few introductions from Service Professionals who are interested to perform the service or get a dedicated Service Professional (Express request) . The customer and Service Professionals can then discuss and negotiate on the platform, agree to talk or meet in person and agree to transact. It is important to note that in agreeing to pay a certain price for a defined scope of service, the customer is entering into an agreement with the Service Professionals directly. Recommend.my provides an advertising and marketing platform for the Service Professionals and facilitates payments collection, and is NOT INVOLVED in the fulfillment of the agreement or performing the service.

2. Scope and Intent

When you register with Recommend.my and use our services, whether paid or not, you agree that you are entering into a legally binding agreement withRecommend.my.

All the data that you submit to this site is used to provide and improve its services, and allow us to develop new features later on. You still own the content you submit, and may request its deletion at any time. But, by displaying and/or publishing any Content on or through this Website, you hereby grant Recommend.my 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.

We will not share personal information with third parties outside of this site without your explicit permission. An exception is for Service Professionals that sign up with us through our partners (e.g. The Malay Mail Online) – our partners reserve the right to keep a copy of information provided to Recommend.my under this relationship.

When you make a request for quotes, selected Service Professionals marked ‘Verified Pro’ will be able to see your phone number in order to contact you directly. However, they are only allowed to contact you with matters directly pertaining to your specific request. They are not allowed to add you to their mailing list without your permission.

We may disclose your personal data as required by law to detect, prevent, or otherwise address fraud, security or technical issues.

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 damages arising from using the services of Recommend.my. Nor will we be responsible for any misuse or misappropriation of the content you submit to Recommend.my by other parties.

Recommend.my 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 and Conditions (including the Privacy Policy, any other Recommend.my policies linked to herein) or any part thereof.

3. Dos and Donts

By using this website, you agree not to post content that is political, racial, pornographic, or discriminatory in gender. You also agree not to post content that contravenes any applicable laws or ownership, related to trademark and / or copyright. You also agree not to post foul language, or content that is extortive or threatening in nature, or personally damaging to any party (including 3rd-party users that may be browsing the site).

You agree not to misuse this website through activities that involve committing, facilitating or encouraging a criminal offence, transmitting / distributing a virus (or any technologically harmful material), hacking into any part of this website, corrupting data, sending unsolicited advertising or promotional material, or attempting to affect the performance or functionality of this website or any of its partners.

4. Concerning our 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 Recommend.my or its related parties and are protected by copyright laws and treaties around the world. All such rights are reserved by Recommend.my. You may store, print, and display the content supplied solely for your own personal use, but 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.

5. 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 Recommend.my, 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 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.

When Service Professionals sign-up on our site, and they are required to provide basic information such as phone number, email, address, SSM registration number, portfolio of work, etc. The responsibility is on the Service Professionals to ensure that the information provided is accurate.

In the case of Service Professionals accepted into our Verified Professionals program, Recommend.my will contact and to our best endeavour verify the authenticity of 3 of their previous customers (whose contact information is provided by the service professional). Verified Professionals are required to maintain a minimum overall 4-star rating to continue in this program and at any period if the overall rating goes below 4-stars, Recommend.my reserves the right to suspend the Verified Professional status and benefits.

Customers who receive quotes from Recommend.my are responsible to review all the information available and make the appropriate hiring choice. In the unlikely situation that there is an official complaint sent in to us, Recommend.my takes these seriously and will endeavour to facilitate a resolution between the customer and Service Professional. If this issue remains unresolved (or escalates to a higher level), Recommend.my reserves the right to suspend the Service Professional’s account (including removing the Verified Professional status and benefits).

While we endeavour to connect customers and top-tier Service Professionals recommended by the community, we will not be liable for any misconduct, fraud, breach of contract or lawsuits between any service professionals and their customers. By using our system, service professionals agree to indemnify Recommend.my in any legal exposure which may arise.

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 any services rendered by Recommend.my.

The Service Professional is solely and fully responsible for performing the services agreed by you and the Service Professional (“Services”), and he is liable for all damages or losses arising out of the goods or services provided.

You agree to waive and release us and our holding company(ies), subsidiaries, associated companies or organisations (whether incorporated or not), affiliates partners, officers, directors, staff members, shareholders and agents from any liabilities arising from or related to any act or omission by a Service Professional in the provision of any Services, including a Service Professional’s failure to comply with applicable law and/or failure to abide by the agreed terms of any Service, and/or any action or inaction by the Service Professionals and/or any indirect, special, punitive, consequential, or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, we assume no liability or responsibility for any errors, mistakes, inaccuracies of content, personal injury or property damage resulting from your use of the service, any unauthorized access or use of our servers and any / all of the information stored herein, interruption or cessation of the website, errors or omissions in any content, loss or damage as a result of the use of any of the content posted or made available through Recommend.my.

6. Payment from Service Professionals

Recommend.my charges Service Professionals when they upgrade their accounts to include additional services. All payments must be conducted either through online transfer from a valid bank account, or a credit or debit card, or cheque. Recommend.my retains the right to refuse any request or transaction made by you, to our discretion.

Failure to pay may result in the termination of your service. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or downgrade your account, you authorise us to continue billing that payment method and you remain responsible for any uncollected amounts.

You must be at least 18 years of age to transact with Recommend.my.

7. Payment from Customers

Upon agreeing to a certain scope of work at a certain price, the Service Professionals may send a request for payment to you through the Recommend.my system. You can then choose to pay via FPX or Credit Card, through our collaboration with a payment provider or by a direct online banking transfer to us. Please note we will be required to pass your information to the payment provider for the purposes of payment tracking, but all payment information is managed by them and we do not retain any payment information. We will release a portion of the payment made by you to the Service Professional in order for him to commence work.  This amount is final and non-refundable.

7.1 Payment Management

A portion of all payments (50%) that were made by you to us will be retained until the Service Professional marks the task as completed and you agree to release payment. The payment received by the Service Professional is subject to a fee that is charged by us that will be determined from time to time. In the event that additional payment is required, you are required to make the same immediately.

When you pay through Recommend.my system, you will be entitled to the Service Guarantee and Insurance Protection below

7.2 Service Guarantee

When you hire a Service Professional through Recommend.my, you are strongly encouraged to communicate through the messaging function and pay through the Recommend.my billing system for tracking and accountability purpose. Please be advised that we have access to the messages and information on the messaging function and any discussion on the messaging function is not private and confidential. However, such discussion is not accessible by the public.

As a service guarantee, in the case that the service provided by a Service Professional does not fulfill the agreed job scope and/or not within acceptable industry standard (as determined by us):

  1. When the Service Professional clicks “Mark Job Complete and Request Balance Payment”, you must click “Dispute” within 2 working days.  If we do not receive a response within 2 working days, your balance payment will be released to them and the service guarantee will be VOID. Alternatively, you can notify us at [email protected] within 2 working days of a job being completed.
  2. The Service Professionals must be given 2 chances to rectify the complaint; and
  3. If after 2 rectifications and the rectifications do not fulfil the agreed job scope and/or not within acceptable industry standard, we reserve the right to refund of the amount which is paid through Recommend Pay but has not been released to the Service Professional (50% of the payment made through Recommend Pay).  However, the moment you click “Release Balance Payment”, this  guarantee is VOID.

This service guarantee only applies where a job is completed and payment is transacted over the Recommend Pay platform. If the customer chooses to pay the Service Professional directly (either for the full or partial payment), our Service Guarantee only applies to the portion that is paid through Recommend Pay.

In the case that a refund is necessary, the amount that will be refunded will be at our sole discretion (but will be based on, among others, communications between Service Professionals and you through the Recommend.my messaging system, as well as any photos of the completed work). You agree that any claim for remaining unpaid refund shall be made directly to the Service Professional.

To protect Service Professional’s rights, we reserve the right to request you to return any unused materials, or even assembled products to be returned to the Service Professional (which are included in your payment to them) and also any equipment or materials belonging to them left at your premise. This includes allowing the Service Professional to come to your premise with advance notice to collect the same.

7.3 Insurance Protection

For all jobs which payments were made through Recommend.my, customers will enjoy the following protection (depending on category of service)

  • Home Category: Renovations, handyman, air-con, electrician, plumber, tiling, other categories listed in http://www.recomn.com/home-improvement-repair
    • Damages on customer’s principal existing property or property belonging to or held in care, custody or control by the customer as direct impact of the service professional’s work, or non-completion of work in the case of abscondment – RM50,000
    • Theft on customer’s valuable items – RM5,000
    • Public liability insurance on accidents occurring on site – RM100,000
  • Events and Weddings Category: Cake bakers, caterers, photographers, videographers, event venue and other categories listed in http://www.recomn.com/events-parties and http://www.recomn.com/weddings
    • Public liability insurance on accidents occurring on site – RM100,000

This insurance coverage is limited to job value below RM100,000.  The validity and amount of all claims is subject to Recommend’s sole discretion and all claims need to be made to [email protected] (with proof of claim and documentation) within 7 working days of the incident happening, or the job completion (date at which Service Professional marks job “Complete”).  If more than 7 days has passed, Recommend.my will not be able to accept the claim.

8. Additional Warranty Provided By Service Professional

If you have had a Service performed by a Service Professional which involves an item or thing which has required servicing, maintenance or repair, the Service Professional may provide an additional warranty past the expiry date of the Service Guarantee. The warranty scope and period will dependent on the category of Service as well as the commitment of the Service Professional, and should be clarified before the contract is agreed upon.

9. Advertising Services And Profiling

Any advertising carried on our website will not 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.

10. 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 Recommend.my 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 Recommend.my. 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 Recommend.my. 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.

11. Indemnity

You agree to indemnify, defend and hold harmless Recommend.my, 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 or your actions in causing any damage or loss to the Service Professional.

We reserve the right to refuse service to any customer or service professional based on our sole discretion.

12. 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.

13. 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 Malaysian courts.

Recommend.my reserves the right to amend, or change any of the terms in this contract without prior notice to any party.