In order to use BeanCow (hereinafter referred as "BeanCow") and BeanCow services (hereinafter referred as "the services"), you are obligated to read and comply with BeanCow Terms of Service (hereinafter referred as "Terms"). You should review and fully understand each terms and conditions, especially those which relates to the exemption or limitation of liability, and all terms of services for general use or use of specific services. You shall use the services in accordance with the Terms. You may not use the services unless you have agreed to the Terms, such agreement is valid and irrevocable. Minors may use the service only with consent from their parents or legal guardian. By using the service, you are deemed to have agreed to the Terms where such agreement is valid and irrevocable. If there is any separate Terms, you shall comply with both Terms.
You may access and use BeanCow services in accordance with this Agreement. You will adhere to all laws, rules, and regulations applicable to your use of BeanCow services.
The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them in our Help Center.
The entity providing the Service is BeanCow PLT, a company operating under the laws of Malaysia, located at NO 72, JALAN MP18, TAMAN MERDEKA PERMAI, MELAKA, 75350, MALAYSIA (referred to as “BeanCow”, “we”, “us”, or “our”). References to BeanCow’s “Affiliates” in these terms means the other companies within the BeanCow corporate group (now or in the future).
Your use of the Service is subject to these terms, the Guidelines and the Policy, Safety and Copyright Policies which may be updated from time to time (together, this "Agreement"). Your Agreement with us will also include the Advertising on BeanCow Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
You must be at least 17 years old to use the Service. However, children of all ages may use if enabled by a parent or legal guardian.
If you use the service on behalf of, or for the purposes for a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms, such agreement is valid and irrevocable.
You bear sole legal and other responsibilities for the content that is available on BeanCow. Your Content includes any conversation logs, or materials on the system. Your Content may include, but is not limited to: conversation logs, media files, image files, location data, documents, etc.
This regulation refers to any content generated, copied, published and spread during the use of BeanCow and the services, including but not limited to account profile picture, name, user guide and other relevant registration information, or any text, voice clip and image sent, replied or relevant linked page, and other content generated during the use of BeanCow and the services.
You have deemed to acknowledge and accept that, you are prohibited to use BeanCow or the services to produce, copy, publish or spread contents that disrupts BeanCow operations, or violate the right of other users or third parties, including but not limited to:
Using the Service does not grant you any ownership of or rights to any aspect of the Service, including account or any other Content posted by others or BeanCow.
BeanCow reserves the right to modify and improve the services, without any prior notice to the User. The changes include performance/security enhancement, new functionality & features, UI changes or any changes to comply with law. We may still do provide notice when we discontinue or make changes to our Service which will have an impact on use of our Service. However, you understand and agree that there will be period where we make these changes without any prior notice when necessary.
If you choose to upload Content, you understand and agree not to submit any Content that breach this Agreement. This includes, but is not limited to: intellectual property infringement, copyrighted material, image misappropriation, hacking, fraud, phishing, or any other illegal or unlawful activity.
For security reason, we may use programmed system or human to analyze your Content to assists on detect infringement and abuse, such as spam, malware, and illegal content.
We offer non-paid membership (also referred to as “user” or “regular member”) and paid membership, Click here for information about benefits of non-paid member and paid member. Your non-paid membership will ever never expire; however, all accounts may be suspended if there is no activity within 365 days.
If you signed-up for our paid membership, your paid membership will continue until it expired as contracted. Paid membership requires you to provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. If you opted for “Donation” in the process of joining as a paid membership, the amount you paid (after processing fees and costs deduction) will be channeled to legitimate charitable organizations or any organization whose primary objectives are philanthropy and social well-being. We, on behalf of the charitable organization, highly express grateful on your kindness.
We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership by visiting our website www.thebeancow.com or in our mobile app.
Billing Cycle. The membership fee and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods.
Payment Methods. To be a paid member, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the membership service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
Updating your Payment Methods. You can update your Payment Methods. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR PAID MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Cancellation of paid membership. You can cancel your paid membership at any time, and you will continue to have access to our service as non-paid member. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial paid membership periods or unwatched service, including any redemption through a gift code or promotional code. To cancel, go to the "FAQ" page and follow the instructions for cancellation. If you cancel your paid membership, your account will not be closed and you will continue enjoy our non-paid service.
Changes to the price and subscription plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will only take effect in your next subscription/renewal. From time to time, we may also offer different membership terms, and the fees for such membership may vary.
Credits have no cash value, and are not redeemable for cash. Any consideration paid in connection with their eligibility to receive Credits is solely related to the underlying content or products purchased. Credits may only be used/redeemed for purchases of digital contents/services from the BeanCow’s website. We reserve the right to exclude certain digital contents/services from Credit redemption in our sole discretion. Credits will expire on the date expressed in connection with the purchase or at the point of issuance. If no expiration date is provided, credits will expire twelve (12) months from the date they are posted to your BeanCow account. Also, your Credits are deemed expired when your account has been terminated/closed/suspended. Upon expiration, credits will no longer be available and will not be refunded. BeanCow may automatically apply available Credits in your account towards the payment of your next digital content/service purchase. If your desired purchase amount for digital content/service is greater than your available Credits, you may pay for the difference by top up new credit.
Credits are only issued to one (1) BeanCow account and may not be split among multiple accounts.
Credits and Credit balances are non-transferable and may not be resold, auctioned or traded, unless you are authorized by us under our Affiliation Marketing Program (AMP) and you are our AMP partner. Any attempt to combine or transfer un authorized Credits will result in forfeiture of all accumulated Credits.
Credits are issued in one (1) currency depending on the location Credits are issued, and may only be used towards purchases in that corresponding currency.
Any Credits you receive are considered a limited and revocable right solely for use towards BeanCow purchases of digital content/service. Accordingly, you have no property, proprietary, intellectual property, ownership, or monetary interest in your Credits.
BeanCow reserves the right to change or modify these Credit Terms at any time and in our sole discretion. If we make changes to these Credit Terms, we will provide notice as appropriate, sometimes by updating the date at the top of these Credit Terms. Your continued use of Credits will confirm your acceptance of the revised Credit Terms. We encourage you to review the Credit Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, Credits.
How ad credits work
To the extent permitted by the applicable law, all payments are non-refundable and we do not provide refunds or credits for any partial paid membership periods, unutilized credits, or unwatched service, including any redemption through a gift code or promotional code.
You have the full access your personal information to modify/delete and decline to the use of your Personal Information. Your Data Your Own Responsibility, We do not take control to your data no matter what circumferences.
By providing Content to the Service, you grant to BeanCow royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and BeanCow (and its successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service.
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that BeanCow may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
If you no longer wish to use the BeanCow service or remove your Content, you may delete the Content from the Service at any time.
Upon verification of your identity, we will respond to your request within a reasonable period of time, and in accordance with relevant law 60 days.
If BeanCow has discovered or received complaint on any acts against these Terms, BeanCow reserved the rights to delete or hide relevant information without prior notice, take action towards violator account including but not limited to warning, restrict or prohibit usage of certain or all services, ban such account until penalty has been cancelled and to announce regarding the penalties.
BeanCow is the intellectual property rights holder of BeanCow. All copyrights, trademarks, patents, trade secrets and other intellectual properties along with its relevant information (including but not limited to text, image, voice clip, video, graphic, interface design, layout, relevant data or electronic file) are subject to the protection under law and regulations of Malaysia and international treaties, BeanCow owns the intellectual property right above except entitled rights of relevant holder according to law.
The “Watch to Win” (“Campaign”) shall commence from 1st December 2020 and continue unless notified otherwise. This Campaign is solely managed by BeanCow and is not sponsored by or associated with Apple.
The Campaign is open to all new and existing BeanCow users and members, and who are not disqualified under:
The following persons are not eligible to participate in the Campaign: a) User/Membership that are delinquent, suspended, cancelled, or in breach of any terms and conditions herein and/or of the Agreement during the Campaign Period; b) Permanent and contract employees of the BeanCow, affiliations and its vendors.
Eligible users/members must meet the specific qualification in order to earn “eCoupon” and stand to win the Prizes. Example of Qualifying Entries is to collect an eCoupon. An eCoupon is gained from after three (3) same colored beans been collected, while beans are awarded after grabbing ALL the moving balls/shapes/logos during video watching. Amount of beans earned is subject to the property of video and the computation algorithms.
Eligible users/members must complete personal email address and provide valid personal bank account info, such as bank account number, full name as in national registration identity card/passport and upload a photo of the front of the national registration identify card/passport. [Note: 1. Prize/cash withdrawal will be issued and transferred based on the personal & bank account information completed by a user/member. No change is allowed upon submission. 2.Your photo of national identify card/passport will be DELETED from the main server within THIRTY (30) days upon verification process complete]
|Yellow Bean (Y-Bean) Eligibility: Regular membership and above||Feb, Apr, Jun, Sep & Nov (Every year)||Total 5x Y-Bean top prize lucky winners 25x Y-Bean special prize lucky winners|
|Y-Bean #1 from 00:00 on 1st December to 23:59 on 28/29th February||1x Y-Bean top prize lucky winner 5x Y-Bean special prize lucky winners|
|Y-Bean #2 from 00:00 on 1st March to 23:59 on 30th April||1x Y-Bean top prize lucky winner 5x Y-Bean special prize lucky winners|
|Y-Bean #3 from 00:00 on 1st May to 23:59 on 30th June||1x Y-Bean top prize lucky winner 5x Y-Bean special prize lucky winners|
|Y-Bean #4 from 00:00 on 1st July to 23:59 on 30th September||1x Y-Bean top prize lucky winner 5x Y-Bean special prize lucky winners|
|Y-Bean #5 from 00:00 on 1st October to 23:59 on 30th November||1x Y-Bean top prize lucky winner 5x Y-Bean special prize lucky winners|
|Green Bean (G-Bean) Premium+ membership and above||Jan, Mar, May, Jun, Jul, Oct & Dec (Every year)||Total 7x G-Bean top prize lucky winners 35x G-Bean special prize lucky winners|
|G-Bean #1 from 00:00 on 1st January to 23:59 on 31st January||1x G-Bean top prize lucky winner 5x G-Bean special prize lucky winners|
|G-Bean #2 from 00:00 on 1st February to 23:59 on 31 March||1x G-Bean top prize lucky winner 5x G-Bean special prize lucky winners|
|G-Bean #3 from 00:00 on 1st April to 23:59 on 31st May||1x G-Bean top prize lucky winner 5x G-Bean special prize lucky winners|
|G-Bean #4 from 00:00 on 1st June to 23:59 on 31st July||1x G-Bean top prize lucky winner 5x G-Bean special prize lucky winners|
|G-Bean #5 from 00:00 on 1st August to 23:59 on 31st August||1x G-Bean top prize lucky winner 5x G-Bean special prize lucky winners|
|G-Bean #6 from 00:00 on 1st September to 23:59 on 31st October||1x G-Bean top prize lucky winner 5x G-Bean special prize lucky winners|
|G-Bean #7 from 00:00 on 1st November to 23:59 on 31st December||1x G-Bean top prize lucky winner 5x G-Bean special prize lucky winners|
How to enter:
Announcement of the winners (e.g. Name and masked Identity Card /Passport Number) shall also be made on BeanCow’s website at www.thebeancow.com website not more than EIGHT (8) weeks after the end of each Campaign Period. If there is any dispute or non-receipt of the Consolation Prize, Winners are required to contact BeanCow within TWO (2) weeks after the announcement made/published to request for an inquiry.
By participating in the Campaign, Eligible users/members/winners: (a) agree to be bound by the Terms of Services herein (b) agree that all records captured by our system within the Campaign Period based on the local date and time shall be accurate and conclusive;(c) agree that BeanCow’s decision on all matters relating to the Campaign shall be final and binding on all Eligible users/members/winners. No further appeal or further correspondence will be entertained; (d) agree that any reversal of Qualified Entries shall be excluded from all the campaigns. (e) consent for BeanCow to disclose their particulars to the third party service provider(s)/ authorized supplier(s) including vendors, suppliers, advertising and promotion agencies engaged by BeanCow for the purpose of contacting them during and after the campaign;(f) authorize BeanCow to publish their names, photos taken or other information provided by him/her for current and future advertising and publicity purposes in any advertising or publicity material relating to the Campaign without any compensation; (g) agree to access BeanCow website at www.thebeancow.com to view the Terms of Services and are deemed to have agreed with any changes or variations the Terms of Services herein and seek clarification from BeanCow should any of the Terms of Services be not fully understood; (h) shall not be entitled to claim for any compensation against BeanCow nor any of its officers, servants, employees, representatives and/or agents (including without limitation, any third party service providers engaged by BeanCow for the purposes of the Campaign) for any and all loss and damage suffered or incurred by his/her participation in the Campaign whether as a direct or indirect result of the act of amendments, termination or suspension of the Campaign. This clause shall not be applicable if there is a finding of actionable fault by any competent court on the part of BeanCow.
BeanCow reserves the right to:
BeanCow and any of its officers, servants, employees, representatives and/or agents (including without limitation, any third-party service providers engaged by BeanCow for the purposes of the Campaign) shall not be liable and responsible for:
You may delete your account and withdraw from using the service, at any time.
BeanCow may suspend or delete your account without giving prior notice to you if 1) we believe that you are violating or has violated the Terms, or 2) the account has no activity for 365 days. Each account in the service is for the exclusive use and belongs solely to the owner of the account. You must not transfer or lend your account to any third party nor may your account be inherited by any third party. However, you may still apply for appeal if the conduct was made incorrectly. Upon verification of your identity, we will respond to your request within a reasonable period of time, and in accordance with relevant law 60 days.
We will notify you with the reason for termination or suspension by BeanCow unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for BeanCow or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, BeanCow or our Affiliates. Where BeanCow is terminating your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.
If your account is terminated or your account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your account has been terminated in error, you can appeal using this form.
When the Service requires or includes downloadable software, you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, BeanCow gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by BeanCow as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by BeanCow, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have BeanCow’s written permission.
Some software used in our Service may be provided under an open source license that we make accessible to you. There may be provisions in open source license that purposely revoke some of these terms. Therefore, please ensure that you had read those licenses.
YOU AGREED THAT YOUR USE OF BEANCOW SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BEANCOWXX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND USERS USED THEREOF. BEANCOW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM COMPANY SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BEANCOW SERVICE. BEANCOW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH BEANCOW SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND BEANCOW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
BeanCow will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, use or data), even if a party has been advised of the possibility of such damages. Further, BeanCow will not be responsible for any compensation, reimbursement, or damages arising in connection with: your inability to use BeanCow services; the cost of procurement of substitute goods or services; any investments, expenditures, or commitments by you in connection with this Agreement or your use of or access to BeanCow services; or any unauthorized access to, alteration of, or the deletion, destruction, damages, loss or failure to store any of your content or other data.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BeanCow AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT BeanCow HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO BeanCow, OF THE CLAIM AND (B) RM 500.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless BeanCow, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
The Service may include links to third-party website or any online services that are not belongs or controlled by BeanCow.
You acknowledge and agree that despite BeanCow reasonable efforts, it is impossible for us to guard against all circumstances that may affect your access to, and usage of, BeanCow services, or which may result in data loss. You agree that you are responsible for properly configuring and using any software accessed while utilizing BeanCow services. You also agree that you are responsible for taking your own steps to maintain appropriate security, protection and backup of Your Content.
We reserve the right to modify this Agreement when it is necessary to legal, regulatory, or any security reasons. We may provide reasonable advance notice on any modifications made to this Agreement and the opportunity to review them. However, there are some case where it is legally permitted or any modifications indicate new features of the Service made for legal reasons may take effective immediately without prior notice.
If your use of the Service ends, the following terms of this Agreement will carry on to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have the right to take action in the future.
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for explanatory purposes.
Should a dispute arise under this Agreement, you agree that this Agreement shall be governed by and construed in accordance with the laws of the Country of Malaysia, without regard to its conflict of laws rules.
In addition to the terms stipulated above, users/members/winners agree that the general terms in the BeanCow Terms of Service at www.thebeancow.com shall be read together with these Terms as an entire agreement.
Effective as of November 30, 2020