By signing-up, registering as a user, creating an account, installing, downloading, accessing or otherwise using the Services, you represent and indicate to us that:-
- you are 18 years of age or above;
- you have read and understood the Terms and Conditions;
- you accept and agree to be bound by the Terms and Conditions; and
- you have the power to enter into a binding contract with us on the Terms and Conditions and you are not barred from doing so under any applicable laws.
If you disagree with the Terms and Conditions or any part thereof, please cease to sign-up, register, install, download, access and use the Services immediately.
MODIFICATION OF TERMS AND CONDITIONS
We reserve the right, at any time, to modify, alter or update the Terms and Conditions by posting or displaying our notice of modifications through the Services, by updating the Terms and Conditions herein or by any other means or methods as we shall deem appropriate without any prior notice to you. Modifications shall become effective immediately upon notice. References herein to “Terms and Conditions” shall include such modified terms and conditions. Your use of and access to and/or continued use of and access to the Services after modifications constitute your acknowledgement and acceptance of the modifications without any reservation.
You may need an account in order to use some of our Services. By creating an account, you confirm and represent to us that:-
- all registration information that you submit to us are true, accurate and complete;
- you are authorized to use all the information including image that you submit to us for the purpose of creating the account;
- you will update such information to keep it current; and
- if you are creating an account on behalf of a partnership, organization, association, company or other body corporate (“Entity”), you are authorized to bind the Entity to the Terms and Conditions and the terms “you” and “your” as used herein, apply to you and such Entity, as applicable.
We may refuse the registration of an account at our discretion. If you are provided with an account upon the completion of the registration process:-
- you must keep your username and password confidential;
- you shall not disclose your username or password to any other party;
- you shall not permit any other party to access or use the Services by using your account;
- you shall change your password immediately upon suspecting that the secrecy of your username and/or password may have been compromised;
- you shall not transfer your account to any party;
- you are fully responsible for all activities that occur under your account;
- you warrant and represent to us that you are authorized to use all the information, materials, content and data that you upload, submit, store, send or receive through our Services; and
- you shall be responsible for keeping an independent backup of all the information, materials, content and data which are owned by you.
We shall not in any event be responsible or liable to any consequences that may be detrimental to you resulting from your failure to comply with these provisions.
We may charge fees for all or any of the Services for such period, at such rate and subject to such conditions as we shall see fit from time to time. The right of access to your account or your access or use of all or any of the Services granted under the Terms and Conditions may be effective only upon payment of any such fees as prescribed by us. The fees are non-refundable unless otherwise expressly agreed by us under the terms for payment for the relevant Services.
MODICATION AND TERMINATION
You may close your account registered with us or terminate the use of the Services at anytime. We may also suspend, disable or terminate your account or your access or use of all or any of the Services or delete or remove all or any information, materials, content or data provided or generated through or stored in the Services or improve, modify, suspend, discontinue or terminate all or any of the Services, its functions or features, temporary or permanently, for your breach any of these Terms and Conditions or for any other reason as we shall see appropriate at our sole discretion, with or without notice to you. If your account or your access or use of all or any of the Services is suspended, disabled or terminated, you must not attempt to gain unauthorized access or to use the Services under any other name or user via any device. To the fullest extent permitted by applicable laws, we shall have no liability or responsibility to you in any of the said events. The provisions related to the intellectual property rights, disclaimer, limitation of liability and indemnity herein, as well as any other provisions of these Terms and Conditions that, either explicitly or by their nature, must remain in effect even after the suspension, discontinuance or termination, shall survive the suspension, discontinuance or termination.
INTELLECTUAL PROPERTY RIGHTS
The Services and all content contained in or available through the Services including all information, data, logo, text, music, sound, photographs, graphics, video messages, source code, software, products and other materials (“Content”) shall remain the sole property of us and/or the person from whom such Content is originated and are protected by worldwide copyright and other applicable proprietary and intellectual property laws. All rights not expressly granted under these Terms and Conditions are reserved. You may use the Content provided by us solely to the extent necessary for your authorized use of the Services in the manner as stated in these Terms and Conditions. You are not authorised to record, reproduce, copy, modify, publish, display, distribute, sell, post, upload, store, transmit, commercially exploit or disseminate all or any of the Content or to remove, obscure or alter all or any of the notices of proprietary and intellectual property rights displayed in or along with the Services or the Content in any form or by any means without our and/or the owners’ prior written consent. By sending, submitting, posting, uploading or displaying the Content through the Services, you grant us a worldwide, non-exclusive, sub-licensable, assignable and perpetual right to use, reproduce, distribute, disclose to any party and publicly display the Content via any media for any purpose whatsoever free from all royalties and fees and without being liable for any consequences thereof, to the fullest extent permitted by laws.
WARRANTIES AND UNDERTAKINGS
By accessing or using the Services, you warrant and undertake with us that you shall be fully responsible for all Content that you upload, post, transmit or otherwise make available via the Services and that you shall not:-
- violate any of these Terms and Conditions, any laws, statutes, ordinances or regulations or commit an illegal act of any kind, including but not limited to infringe or misappropriate any intellectual property or proprietary rights;
- use the Services for any unlawful purposes;
- transmit or upload viruses or other malicious code or otherwise disrupt, impair or interfere with the proper operation of the Services, our systems or network or restrict the access to or interfere the use of the Services by any party;
- bully, intimidate, or harass any visitor or user;
- upload, post, distribute or share any Content (a) which is unlawful, inaccurate, out-of-date, misleading, malicious, fraudulent, threatening, racist, discriminatory, hateful, defamatory, offensive, abusive, libelous, obscene, indecent, pornographic, vulgar or political; (b) which you do not have authorization to do so; or (c) which impersonates or misrepresents your affiliation or a relationship with us or other party; or (d) which involves or links to commercial or sales activities, such as advertisements, promotions, investment or contests, without obtaining our prior written consent;
- harvest, collect or solicit the personal data, information or Content of the other visitors, users or us or use any automated tools or devices such as spiders, bots and screen scrapers to access to the Services or extract information;
- involve in spamming or flooding;
- reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services;
- do anything which may be detrimental to us, other visitors or users or our goodwill or reputation.
We may use a related entity or a third party service provider acting as a payment facilitator to provide payment gateway facilities or services for the transactions conducted through the Services for your convenience. By using the payment gateway facilities or services, you agree to be bound by the terms, conditions and privacy policies of the payment facilitator and confirm that the facilities or services rendered by the payment facilitator are deemed as the facilities or services provided by Third-Party Sites as hereinafter defined and are used by you at your own risk.
We shall not be responsible and liable for any consequences related to your use of such facilities or services including any claim, loss, damage, cost and expenses related to any transactions between you and other users of the Services or arising from any unsuccessful or wrongful processing of the debits. You shall at your own cost and effort resolve all disputes with the payment facilitator and/or the other users of the Services.
THIRD PARTY’S LINKS AND ADVERTISEMENTS
Our Services may contain links to other websites, including affiliated websites, applications or services that are owned and operated by third parties and we may display advertisements from third parties in our Services (“Third-Party Sites/Advertisements”). You acknowledge that we do not have any influence or control over these Third-Party Sites/Advertisements and that we are not responsible for the security and availability of these Third-Party Sites/Advertisements. Your selection of whatever links through our Services and your use of these Third-Party Sites/Advertisements and the contents thereof shall be at your own risk. You shall contact the operator or administrator of these Third-Party Sites/Advertisements directly if you have any queries, concerns or complaints regarding the same. Further, the appearance of any third party’s links or advertisements in our Services does not indicate our recommendation, approval or endorsement on any content or material of these Third-Party Sites/Advertisements. Your access or use of these Third-Party Sites/Advertisements may subject to their own terms, conditions and privacy policies and therefore, we encourage you to review the said terms, conditions and policies accordingly.
The Services and the information and materials including all articles, reports, surveys and specimen or template of contracts contained in or appear on the Services are provided on “as is” and “as available” basis with all faults, without express or implied warranty or condition of any kind. Such information and materials are intended for general information, reference and knowledge only. We do not render any legal advice or deal with any disputes or queries for any transactions conducted through the Services and we shall not be responsible and liable for any consequences related thereto including any dispute regarding payment made for such transactions. You shall seek independent legal advice as to the reasons you use the Services or refer to such information and materials. No opinion, advice or statement related to the Services or such information and materials whether made through the Services or otherwise shall create any warranty. We are not liable for any loss, damage or expense suffered or incurred by you as a result of any act or omission by you in reliance of such information and materials or any of it. You assume all responsibility and risk for your use of and reliance on the Services and the information and materials obtained through the Services. To the maximum extent permitted by law, we make no representations and disclaim all warranties, express or implied, including completeness, satisfactory functions or performance, fitness for purpose or any special purpose, reliability, availability or ability, non infringement, information accuracy, correctness or reliability, merchantability and any warranties that may arise from course of dealing, course of performance or usage of trade.
LIMITATION OF LIABILITY
To the extent permitted by law, we, our directors, officers, shareholders, employees, representatives, consultants, agents, suppliers subsidiaries, affiliates, successors, assigns, licensors, advertisers, operational service providers and/or distributors shall have no responsibility or liability in relation to any loss or damage of any kind, direct or indirect, in connection with or arising from the Services, the use of or inability to access or use the Services or the information and materials obtained from or through the Services, including but not limited to compensatory, direct, consequential, incidental, indirect, special or punitive damages, loss of business, anticipated profits, goodwill or data, business interruption, accuracy of results or computer failure or malfunction, whether such loss or damage arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of or should have known of the possibility of such damages. You agree that, to the extent permitted by applicable law:-
- your sole and exclusive remedy for any problems or dissatisfaction with the Services or the information and materials obtained through the Services is to stop using the Services or such information and materials;
- the maximum liability of us, our directors, officers, shareholders, employees, representatives, consultants, agents, suppliers subsidiaries, affiliates, successors, assigns, licensors and/or distributors for any claims, demands and damages of every kind and nature related to the Services shall be the total amount paid by you, if any, to access or to use the Services, subject always to the laws restricting or prohibiting limitation on remedies, damages or liability, if any.
You agree to indemnify, defend and hold us and each of our directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, subsidiaries, affiliates, successors, assigns, licensors, advertisers, operational service providers and/or distributors harmless from and against any and all claims, demands, losses, damages, costs and liabilities, including reasonable solicitors’ fees and third party claims to which they or any of them may be subject to or be liable whatsoever or which may be brought or instituted against, imposed on, suffered or incurred by or demanded from them or any of them, direct or indirectly resulting from or arising out of or related to:-
- your use of the Services; or
- your submission, posting or transmission of any content through the Services; or
- your breach of any of these Terms and Conditions; or
- your violation of any applicable laws, statutes, ordinances or regulations; or
- your infringement of any intellectual property or any other right of any person or entity.
RULE OF CONSTRUCTION
No rule of construction shall apply to the detriment of either party by reason of that party having control and/or was responsible for the preparation of these Terms and Conditions or any part thereof.
These Terms and Conditions and our Services are governed by and construed in accordance with the laws of Malaysia irrespective of your current location or jurisdiction when you access or use our Services. You agree to submit to the exclusive jurisdiction of the courts of Malaysia and waive any jurisdictional, venue or inconvenient forum objections to such courts. If you access or use the Services at any location outside Malaysia, you are responsible to ensure that your access and your use of the Services is permitted by the applicable laws, statutes, ordinances and regulations of the relevant country or territory.
If any provision of these Terms and Conditions is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be, illegal, void, invalid, prohibited or unenforceable then:-
- such provision shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability but shall be construed, as nearly as possible, to reflect the original intentions of the parties; and
- all other provisions of these Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
ENTIRETY OF AGREEMENT
These Terms and Conditions constitute the entire agreement and understanding between you and us and supersede any prior agreement in relation to the subject matter of these Terms and Conditions, whether oral or written, expressed or implied.
We may assign any of our rights and delegate any of our obligations under these Terms and Conditions to any third party in our sole discretion. You shall not assign, transfer nor sub-license your rights and obligations under these Terms and Conditions or any part of them to any third party.
No failure of any party or delay by any party to exercise any right, power or privilege hereunder shall operate as a waiver nor shall the waiver of any right hereunder be deemed to be a waiver of any right on a subsequent or continuing default of a similar nature nor shall any single or partial execution of any right, power or privilege preclude any further exercise thereof or the exercise of any other right, power or privilege.
Updated Date: September 8, 2017