Last Updated on 29 July 2023 4.40 PM (GMT+8:00)

Terms and Conditions between RIBBON and Hosts

Table of content
  1. RIBBON'S Mission Statement

    RIBBON’s mission is to create and promote a friendly, safe and inclusive environment for people from all walks of life to socially connect.

    On RIBBON, you will be able to publish and offer services to RIBBON Users (referred to as “Users”) for various social purposes such as being a private tour guide and earn money doing it.

  2. Acceptance of Terms and Conditions

    By accessing the RIBBON mobile application/website (“Platforms”) and/or registering a Host account with RIBBON, you indicate that you (“Hosts” or “you”) have thoroughly read, understood and consented to the Terms and Conditions between RIBBON and Hosts and agree to be bound by them. These Term and Conditions between RIBBON and Hosts are a binding legal agreement between you and RIBBON that govern your use of RIBBON’s websites, applications, and other offerings from RIBBON.

    If at any time you do not accept any of the Terms and Conditions between RIBBON and Hosts herein, please do not continue to access or use any of the Platforms or services provided by RIBBON.

  3. Obligations of the Hosts
    1. Age & Capacity

      By continuing to access the Platforms and/or registering a Host account with RIBBON ("Account"), you confirm that you are an individual of sound mind of at least 18 years of age, and have the capacity to enter into legally binding contracts.

      In the event that the information above is untrue/false/inaccurate, RIBBON will suspend your Account without any further notice to you. Any appeal will not be entertained.

    2. Accuracy of Personal Information

      You agree that any and all personal information provided by you to RIBBON is accurate, current, and up to date. In the event that any such information is untrue/false/inaccurate, RIBBON reserves the absolute right to suspend your Account and bar you from future use of RIBBON across its Platforms.

      Any and all personal information provided by you to RIBBON, including photographs of yourself or your National Registration Identity Card (NRIC) and/or passport, will be stored in RIBBON’s database for records purposes.

    3. Verification

      When signing up for an Account, apart from providing your personal information, you will be required to upload a recent photograph of yourself (less than 1 month old) and your National Registration Identity Card (NRIC) and/or passport onto the RIBBON Platform concerned for verification purposes.

      RIBBON will then do the necessary to verify your identity. If required, RIBBON may request for further information/clarification from you.

    4. Status of Account Application

      Within 1-7 working days from the submission of your request to set up an Account, you will be notified as to the outcome of your application.

      RIBBON reserves the absolute right to approve or reject your application without having to assign a reason for the same.

    5. Account of Hosts

      Only a Host successfully registered with RIBBON is able to list his/her services on the Platforms.

      Hosts shall be responsible for keeping his/her Account information accurate at all times. In the event of change in any personal information, Hosts are responsible to immediately update their Account.

    6. Good and Acceptable Behaviour

      In line with RIBBON’s mission statement, you must at all times display good and socially acceptable behaviour when dealing with RIBBON and the Users. Without limitation:

      1. You must treat the User with integrity and respect;
      2. You must be courteous to the User;
      3. You must respect any boundaries which the User may have;
      4. You must not force the User to do anything which the User is not willing to do;
      5. You must not induce or offer encouragement to the User to engage in sexual activities;
      6. You must not induce or offer encouragement to the User to do any illegal activity, including the use of drugs;
      7. You must not induce or offer encouragement to the User to have private arrangements with you without going through the RIBBON Platform(s);
      8. You must not use any information obtained on the Platforms, including photographs of RIBBON’s Users and/or other Hosts, to defame, threaten or stalk them; and
      9. You agree not to display behaviour exhibiting any form of discrimination including those based on race, religion, nationality, disability or sexual orientation.

      In the event that you violate any of the above, the User reserves the right to cancel his/her session with you (“Session”) and leave the Venue (defined below) immediately. In such a case, RIBBON will fully investigate the matter and if you are found to have violated the above resulting in the User cancelling the Session, RIBBON reserves the absolute right to deduct from any payment due to you any refund/compensation offered to the User concerned.

      RIBBON further reserves the absolute right to immediately suspend your Account and prevent you from using any of RIBBON’s Platforms in the future.

      Where necessary, RIBBON will fully investigate any such violation which may include lodging the relevant reports or complaints with the authorities.

    7. Account Reactivation
      1. Account Reactivation Fee:

        If your Ribbon App account has been frozen, you are required to pay a reactivation fee of MYR 3000 (equivalent to approximately USD 700) to reinstate your account.

      2. Payment Method:

        All reactivation fees must be made via a payment method accepted by the official Ribbon App. Unauthorized payment methods will not be accepted. Once the fee is paid, we will process it, and it is expected to take 1-3 working days to reinstate your account.

      3. Non-Refundable Fee:

        Please note that this reactivation fee is non-refundable. It will be used to cover administrative costs associated with the account freeze and reinstatement. The fee will not be refunded, even after account reinstatement.

      4. Second Freeze:

        If your account breaches the Ribbon App user agreement or other related provisions again after paying the reactivation fee, we reserve the right to freeze your account again. At this point, you will need to pay the reactivation fee again to attempt reinstatement. If you violate the rules two or more times consecutively, Ribbon App reserves the right to permanently freeze your account.

      5. Permanent Freeze:

        In the case of a permanent freeze, you will not be able to use the account for any activities. We will no longer provide any reinstatement services, regardless of the willingness to pay a higher reactivation fee.

      6. Agreement Acceptance:

        By paying the reactivation fee to reinstate your account, you acknowledge that you fully understand and accept the aforementioned terms and all other stipulations of Ribbon App.

      7. Star Reload:

        Upon reactivation, 85% of the MYR 3000 reactivation fee will be converted into virtual currency called "Star" and reloaded back into your Ribbon App account. "Star" can be used exclusively within our platform for payment and booking purposes.

  4. Use of Content

    You hereby authorise RIBBON to use the photos, audio, video, information, and other content ("Content") provided and uploaded by you onto the Platforms, for social media advertising purposes such as on Facebook, Instagram, TikTok and/or other social media platforms.

  5. Acceptance of Appointments
    1. Contracting with Users

      Upon your acceptance of an appointment with a User, or when you receive an appointment confirmation through the Platform(s), you are entering into a contract directly with the User. You are responsible to deliver your service as per the terms and conditions agreed between you and the User, including the price and Venue (defined below).

    2. Independence of Hosts

      You agree and understand that you are an independent contractor. You are not in any way an employee, agent or partner of RIBBON

      As such, RIBBON does not directly or indirectly control your services, and you agree that you have complete discretion on whether to accept any appointment request and/or offer made to you by any User. Safe for those expressly prohibited in these Terms and Conditions between RIBBON and Users, you have the absolute discretion to decide on the terms of your appointment with a User, including the price and Venue.

    3. Venue

      Upon confirmation of an appointment, the User and the Host may decide on a venue to meet ("Venue"). Once the Venue is confirmed, the User and the Host shall only meet at the Venue.

      The Venue shall only be limited to public places. You shall not meet or promise to meet the User at private places such as private lounges, KTVs or clubs, hotels, motels, rental homes, your place of residence, the User’s place of residence and/or any other place ordinarily deemed to be a private place.

      If the User decides to change the Venue before or during the Session, you have complete discretion to decide whether or not to agree to the proposed Venue ("New Proposed Venue"). In the event that you are agreeable to the New Proposed Venue, you must immediately inform RIBBON of the New Proposed Venue by messaging RIBBON using its dedicated application. Both you and the User will be able to communicate on the RIBBON application upon a successful appointment being made.

      In the event that you are not agreeable to the New Proposed Venue, you may cancel or end the Session.

      In the event you discover that there is misrepresentation as to the actual location or nature of the Venue ("Impugned Venue"), upon reaching the said Impugned Venue, you may decline meeting the User and/or cancel or end the Session.

      Notwithstanding the above, you agree not to unreasonably reject or refuse attending a Session at the New Proposed Venue or Impugned Venue without a valid reason.

    4. Time

      Every appointment made by a User shall be for a dedicated amount of time. Once that time is up, the Session ends and the Host shall be free to leave the Venue.

    5. No Acceptance of Appointment on Behalf of Another

      You shall not accept an appointment on behalf of another person using your Account. The Host shall also not ask another person to replace him or her to provide the service at any time throughout the Session.

      In the event the User cancels the Session due to the above violation, RIBBON reserves the absolute right to deduct from any payment due to you any refund/compensation offered by RIBBON to the User concerned.

      RIBBON further reserves the absolute right to immediately suspend your Account and prevent you from using any of RIBBON’s Platforms in the future

    6. Absence

      In the event that you are unwell, sick or unable to attend the scheduled Session for any reason whatsoever, you shall inform the User and RIBBON by messaging RIBBON using its dedicated application at least twelve (12) hours before the scheduled Session.

      The User has the right to decide whether to reschedule or cancel the Session. In the event that the User decides to reschedule the Session, the Host and User may decide on a new date, time and Venue to meet, and the Host shall thereafter update the RIBBON application accordingly.

    7. No Private Arrangements

      You agree not to schedule any private Sessions or conduct private arrangements with any of the Users without going through RIBBON’s Platforms.

  6. Payment Collection
    1. Price

      All prices listed on the Platform are in Malaysian Ringgit (MYR).

    2. Payment Collection Method

      All payments for appointments are made to RIBBON digitally through the Platform(s). RIBBON will pay the Hosts in accordance with the terms below.

    3. Administrative Charges

      For every successful appointment with a User through the Platform(s), RIBBON imposes a 10% administrative charge on the amount the Host earns from the Session, based on the Host’s own rates as listed on the Platform(s) ("Administrative Charges""). The Administrative Charges shall be deducted from the amount payable to you for a particular Session.

      Illustration

      Your listed rate for a one (1) hour Session is USD50.00. A User makes an appointment with you for three (3) hours. You accept the appointment. Your charges for the Session is therefore USD150.00.

      The Administrative Charges payable to RIBBON is USD15.00 (10% of USD150.00). This amount will be deducted from the payment of USD150.00 due to you. As such, the net sum payable by RIBBON to you is USD135.00.

      RIBBON reserves the right to revise the amount of Administrative Charges at any time, and will serve a notice of any revision made to the Hosts before it becomes effective.

    4. Amount payable to Hosts

      The amount payable to you for each successful Session shall be your rates as listed on the Platform(s) (without service tax) less the Administrative Charges ("Hosts' Payment").

      Notwithstanding the above, in the event RIBBON is required to refund or compensate a User for the cancellation of a Session or for any reason attributable to you, RIBBON reserves the absolute right to deduct such refund or compensation from any payment due to you.

    5. Payment to Hosts

      Hosts are required to provide RIBBON with their bank account details and other additional information (if any) to enable RIBBON to make payment of the Hosts’ Payment ("Payment Information").

      You agree that all the Payment Information provided is accurate and agree to them being stored in RIBBON’s database for records purposes. Whilst RIBBON will not reveal or share your Payment Information with any third party, if so required by law, RIBBON may share your Payment Information with the relevant authorities.

      For the avoidance of doubt, RIBBON shall not in any way be responsible for any loss suffered by you as a result of any incorrect Payment Information provided by you

    6. Payment Timeline

      Upon completion of a Session, you will be paid the Hosts’ Payment within 15 to 28 working days from the date of such completion.

      However, in cases where a User has requested for a refund/compensation of any payment made, pending completion of RIBBON’s investigation into the matter, RIBBON reserves the absolute right to withhold any payment due to you until the conclusion of the investigation.

  7. Reviews
    1. Review System

      After each Session, the User and the Host will be able to rate and review their experiences with each other.

    2. Purpose

      The purpose of the review system is to promote transparency and encourage the Hosts to render the highest quality of service. It is to also assist other Users in their Host selection.

    3. Content of Review

      Whilst RIBBON encourages reviews, your review must provide an accurate and truthful depiction of the Session. It must not contain any false, inaccurate or misleading information.

      Your review must also not be derogatory in nature and must not promote any hate speech and violence against the Host. It must also not include any discrimination based on race, religion, nationality, disability or sexual orientation.

      A violation of the above will entitle RIBBON to remove your review from the Platforms at its sole and absolute discretion. RIBBON also reserves the right to indefinitely suspend your Account in such a case.

    4. RIBBON’s Usage of Reviews

      Review(s) made by you, or of you, may be used by RIBBON for promotional or advertising purposes on the RIBBON Platforms or any other platform as deemed suitable by RIBBON. The said review(s) may be in the

  8. Disclaimers
    1. Risk

      You acknowledge and agree that your usage of the RIBBON Platforms and services are at your sole risk.

      Whilst RIBBON prioritises the safety of all Hosts, you acknowledge and agree that RIBBON is not able to control what happens during your Session with a User. RIBBON makes no guarantee of your absolute safety and shall not be held liable or answerable to you for any personal injury sustained or loss incurred by you during a Session, and you hereby agree not to hold RIBBON liable for the same.

    2. Legal Responsibility

      Except for any legal responsibility that cannot be excluded in law, RIBBON shall not be legally responsible for any losses that were:

      1. not foreseeable when this contract was formed;
      2. not caused by RIBBON; and
      3. indirect, incidental or consequential (including loss of profit and loss of data), arising out of or in connection with RIBBON and any User.
    3. Limitation of Liability

      To the extent our liability cannot be excluded but can be limited, RIBBON’s liability to you under or in connection with these Terms and Conditions between RIBBON and Hosts shall be a sum equivalent to the Hosts’ Payment for that particular Session.

  9. Intellectual Property
    1. Ownership

      Momoda Marketing Sdn. Bhd. is the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Platforms (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programs, computer code, downloadable files, software applications, interactive features, tools, services) or other information or content made available on or through the Platforms.

      No part of the above may be used by you for any purpose and in any way whatsoever unless with the express written consent of Momoda Marketing Sdn. Bhd.

  10. Usage of Your Data
    1. Purposes

      By signing up for an Account with RIBBON, you allow RIBBON (Momoda Marketing Sdn. Bhd.) to use your name, email and telephone number ("Personal Data") for the following purposes:

      1. Providing customer care and enhancing customer satisfaction, including but not limited to, resolving complaints, dealing with and/or responding to requests and enquiries;
      2. To manage and service our relationship with you by fulfilling your lifestyle aspirations;
      3. To keep you informed of RIBBON’s promotions, discounts, and/or events and those of RIBBON’s corporate family, where applicable;
      4. For internal record keeping, including but not limited to administration, processing, and matching any personal data held which relates to you for any of the purposes listed herein;
      5. For statistical analysis without disclosing information about identifiable individuals;
      6. For recruitment purposes;
      7. For information and security purposes, including but not limited to managing and administrating e-mail, handling and investigating any security related issue, vulnerability, and/or incidents;
      8. For the exercise of any functions conferred on any person by law and/or towards the administration of justice; and/or
      9. For any purpose incidental, ancillary or in furtherance to the above mentioned purposes.

    2. Retention of User's Data

      RIBBON will retain your Personal Data in accordance with Malaysia's account law requirements, including the Income Tax Act 1967 and Companies Act 2016. As per these legal obligations, we will keep your data, including transaction records, for a period of seven (7) years from the date of collection or as required by applicable laws and regulations.

      During this retention period, RIBBON will ensure the security and confidentiality of your Personal Data, adhering to industry best practices and implementing appropriate technical and organizational measures to protect your information.

      After the retention period expires, RIBBON will take appropriate steps to securely delete or anonymize your Personal Data, except where continued storage is necessary to comply with legal obligations or for legitimate business purposes.

    3. Disclosure to Third Parties

      If and when necessary, your Personal Data may be disclosed to the following third parties:

      1. Authorised agents, service centres and third party service providers who provide services to RIBBON for any of the purposes contemplated at Clause 10.1 above;
      2. External professional advisors and auditors;
      3. Governmental departments and law enforcement authorities;
      4. Such other party as RIBBON deems necessary for the purposes mentioned in Clause 10.1 above; and/or
      5. Any affiliated companies of RIBBON giving promotional offers;
      6. Any other third party to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service); and
      7. Other business entities, should we plan to merge with or be acquired by that business entity.

      RIBBON shall also disclose and transfer the information to any statutory bodies, regulatory bodies and/or governmental authorities where legally required to do so. RIBBON shall not be liable for damages or results arising from any of the disclosures above and you agree and undertake not to bring any legal action or claim against RIBBON for such disclosure.

  11. Governing Law & Jurisdiction
    1. Governing Law

      These Terms and Conditions between RIBBON and Hosts shall be governed by the laws of Malaysia and each party agrees to submit to the jurisdiction of the Courts of Malaysia.

    2. Updates

      RIBBON may from time to time update these Terms and Conditions between RIBBON and Hosts. RIBBON shall notify the Hosts of any such update.

    3. Severance

      If any part or provision of these Terms and Conditions between RIBBON and Hosts is or becomes illegal, unenforceable, or invalid under any enactment or rule of law or by any court in any jurisdiction, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.

      If a modification is not possible, the part or provision must be treated for all purposes as severed from the rest of terms.

      The remainder of these terms will remain in full force and effect and continue to be binding and enforceable on you.