Terms & Conditions

Welcome to eSimon...

eSimon is a Community based social system that enables brands to build immersive and communal relationships with their audiences, that generic social networks don’t. The integration of transactional features motivates and facilitates the customer journey from discovery to purchase, completing the relationship between social engagement and eCommerce.

By using our Services, you are agreeing to these terms. Please read them carefully.

Your acceptance

This is an agreement between Business In Gear Sdn Bhd. (BIG), a Malaysian entity (“Business In Gear"), the owner and operator of http://e-simon.com the eSimon social commerce application (“eSimon Application”), the eSimon software, including (collectively, including all content provided by eSimon through the application and all Sites (esimonissocial), the "eSimon Service", or the "Service"), and you, a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE, AND eSimon PRIVACY POLICY, WHICH CAN BE FOUND AT http://e-simon.com/terms-conditions, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose not to agree with any of these terms, you may terminate your use of the Service.

Using our Services

You are requested to not misuse and not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by laws including export or import regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if being investigating for suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding, artwork or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services may show some content that is not originated in or by eSimon. This content is the sole responsibility of the person or entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, please don’t assume that we do.

Content used in eSimon may contain links to third party websites that are not owned or controlled by BIG. BIG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BIG will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that BIG shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

You must not be over 13 years of age to use eSimon. If you are under the age of 13 you must have supervision of a responsible adult when using eSimon.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic laws or ignoring your safety and those of others. Your service provider or carrier may charge you fees for use of voice, data or messaging services in their network.

About Software in our Services

When a Service requires or includes downloadable software such as eSimon, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

eSimon gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by eSimon as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by eSimon, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Privacy and Copyright Protection

eSimon’s Privacy Policy explains how we treat your personally identifiable data and protect your privacy when you use our Services. By using our Services, you agree that eSimon can use such data in accordance with our privacy policies.

You will not infringe on other entity’s copyright or post content that violates the law. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Malaysian Copyright Act.

Your eSimon Account

You will require an eSimon Account in order to use our Services. You may create your own eSimon Account, or an administrator, such as your employer or educational institution, may assign your eSimon Account to you. If you are using a eSimon Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your eSimon Account, keep your password confidential. You are solely responsible for the activity that happens on or through your eSimon Account. Try not to reuse your eSimon Account password on third-party applications. If you learn of any unauthorized use of your password or eSimon Account change your password immediately.

Your Content in our Services

Our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold of that content.

When you upload, submit, store, send or receive content to or through our Services, you give eSimon (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. You should not upload or post derogatory remarks or comments in eSimon.

You should not upload or share anyone’s identification document or financial information or related personal information in eSimon.

Our automated systems analyze content to provide you with personally relevant product features. This analysis occurs as the content is sent, received, and when it is stored. If you have an eSimon Account, we may display your Profile name, Avatar, and actions you take on eSimon or on third-party applications connected to your eSimon Account (reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or privacy settings in your eSimon Account.

You can find more information on how eSimon uses and stores content in the Privacy Policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Your indemnities to BIG

You will hold harmless and indemnify BIG and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including but not limited to any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees arising out of intellectual property infringements, tort, defamation or any other cause of action.

Modifying and Terminating our Services

We are constantly evolving and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you leave. eSimon may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to retrieve information from that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will be happy using them. But there are certain things that we don’t promise about our Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ESIMON NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, ESIMON, AND ESIMON’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ESIMON, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, ESIMON, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify BIG and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including but not limited to, any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees arising out of intellectual property infringements, tort, defamation or any other cause of action.

About these Terms

We may modify these terms or any additional terms that apply to a Service. We’ll post notice of modifications to these terms on this page (http://e-simon.com/terms-conditions). We’ll post notice of modified additional terms in the applicable Service. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control that conflict.

These terms control the relationship between eSimon and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The contract in this document shall be interpreted and governed by the laws of Malaysia.

All disputes arising out of or in connection with this contract shall be referred to arbitration in accordance with the rules of arbitration of the Asian International Arbitration Centre (AIAC) currently in force. The place of arbitration shall be Kuala Lumpur Malaysia.

For information on how to contact us, please visit the eSimon “About” menu.

Date Last Modified: This eSimon Terms & Conditions was last modified on August 14th, 2018