Terms of Use

Definitions & Interpretation

Definitions. The words and expressions herein in upper case shall have the meaning ascribed to them under Appendix 1 section 1 hereto unless the contrary intention appears.

The appendixes, schedules and annexures to this Agreement shall be taken, read and construed as an essential part of this Agreement.

Access to Platform & Use of Service(s)

In consideration of You agreeing to, and complying with, the terms and conditions set out this Agreement, We grant you a limited, non-transferable and revocable license to use the Platform and/or Service(s), subject to the terms and conditions set out in this Agreement. You must not use the Service(s) and/or the Platform for any commercial purposes (which is prohibited) without Our prior written consent. Any breach or non-compliance of the terms and conditions set out in this Agreement shall result in the immediate revocation of the license granted herein without notice to You.

All content provided on this Platform is solely for informational purposes. The representations of the goods and services expressed on this Platform are those of Our Third Party Providers, and We do not warrant for their correctness or accuracy in any manner.

We may, from time to time and without giving any prior notice or justification, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Service(s) and shall not be liable to You if any such upgrade, modification, suspension or removal prevents You from accessing or using the Platform or any part of the Service(s).

Access to Platform. You must conform to application protocol specifications (if any) and Our instructions and directionrs as provided by Us to You from time to time in order to access to the Platform and the use of the Service(s). We have the absolute right to execute necessary changes or enhancements to the Platform and/or Service(s) for their betterment from time to time without notice to You.

Service Level Commitment. We will use Our commercially reasonable efforts to ensure the service levels of Our Platform and Service(s) are not lesser than the reasonable industry standards of the same provider as Us. Notwithstanding the foregoing, You agree that the Service(s) and/or the Platform may be unavailable from time to time due to maintenance or such other reasons beyond Our control or due to Our Third Party Provider’s fault, which we shall not be held liable for the same. We do not make any warranty that the Service(s) and/or Platform will be available when You log in or use the Service(s).

Hyperlinks. For your convenience, We may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under Our control and We are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and You agree that Your access to or use of such linked websites or content is entirely at Your own risk.

Authority. Both Parties acknowledge that this Agreement and the access to Platform and the use of Service(s) herein is non-exclusive.

Submission. You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us in any manner We deem fit, including but not limited to, questions, reviews, comments, personal details and suggestions (collectively, "Your Submissions"). We may, but shall not be obligated to, remove or edit any of Your Submissions.

Warranties

You warrant and represent You have obtained and complied, and shall ensure You obtain and comply, with all applicable laws including the Guidelines, and all licences or approvals required to be complied with, or performed, in order to (i) enable You to lawfully enter into and perform the obligations expressed to be assumed by You under the Agreement: (ii) ensure that the obligations expressed to be assumed by You under the Agreement are legal, binding and enforceable; and (iii) render this Agreement admissible as evidence in Court. For the purpose of this Clause, the acts and/or omissions of Your employees, agents, servants, representatives, sub-contractors, third party providers and affiliates shall also be deemed the acts and/or omission of You.

You warrant and represent that You shall comply with all the terms and conditions set out in this Agreement.

If You are an individual, You must be of the legal age of 18 years old and above or if You represent a Company/Business, You must be duly authorized to enter into this Agreement on behalf of Your Company/Business. You must have a valid mobile number (which is enabled to receive SMS) and email address. If You are under the age of 18 years old or the legal age for giving consent hereunder pursuant to the applicable laws in Your country (the “legal age”), You must obtain permission from Your parent(s) or legal guardian(s) to open an Account on the Platform. If You are the parent or legal guardian of a minor who is creating an Account, You must accept and comply with the terms and conditions set out in this Agreement on the minor's behalf and You will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Service(s) including but not limited to purchases made on the Platform. If You do not have consent from Your parent(s) or legal guardian(s), You must stop using/accessing this Platform and/or Services.

Your personal information and all documents whatsoever submitted or provided to Us, including but not limited to Your name in full, mobile number, email address, correspondence address and such other information so required by Us, are true, accurate and not misleading. You must forthwith inform us in writing if any of the aforementioned information of Yours is changed.

You shall not directly or indirectly solicit or attempt to solicit any customers away from the Platform.

Account. You must inform us immediately as and when You are aware or believe that Your Account has been hacked or compromised in any way. You shall be solely liable and responsible for all activities and transactions (including but not limited to all purchases and payments) through Your Account at all times. You must take all necessary steps and measures to regularly check and verify all transactions in Your Account, and You must immediately inform Us if You find any irregularities. You must ensure the access to Your Account is secure and confidential including but not limited to Your login credentials and password (“Account Information”). You must not disclose or reveal Your Account Information to any persons or third parties and You must take all necessary steps and measures to prevent the disclosure of Your Account Information and unauthorised access to Your Account.

In the event You breach, or fail to comply with, its covenants and obligations set out in this Clause 5 of this Agreement, We shall be entitled to (i) withhold all monies, including any revenue share, due to You (if any) pending the outcome of the adjudication body and confirmation from Government Body and/or Our Third Party Providers pertaining to refunds and/or penalties; and (ii) pursue legal action as recourse to any and all loss, damage or liability (whether criminal or civil) suffered or sustained as a result of Your default, act or negligence or any breach under this Agreement.

Products

The Virtual Products which You purchased on the Platform will be delivered to You via email to You or such other channel We deem appropriate. You may check Your purchase history on the Platform.

Replacement & Refund

We will replace the Virtual Goods to You as soon as practicable if the Virtual Goods You purchased do not work for its intended purpose and the same is duly verified by Us, provided that You notify us of the same within 3 months from the date of purchase.

We will refund all monies You paid for the Virtual Goods as soon as practicable if Our Third Party Providers are unable to provide You with the Virtual Goods after Your Purchase due to out of stock; or

In the event You did receive the Virtual Goods You purchased and the same is duly verified by Us, We will provide You with an option to either replace the Your said purchase or refund to You with the monies You paid for the same provided that (a) You must notify us within 3 days from the date of Your said purchase; and (b) Our Third Party Providers are unable to deliver the Virtual Goods to You within 3 days from the date of Your said notification to Us.

If You have any questions or complaints, You may contact Us using the “Contact Us” page on the Platform, as applicable.

Notwithstanding the foregoing, You agree that all refund or replacement are subject always to the approval by Our Third Party Providers and while We will assist You to dispute with them, We cannot guarantee that Our Third Party will refund the monies You have paid or replace the Virtual Goods to You.

Charges & Settlement

You agree to all the prices and charges as set out on the Platform and such prices and charges are provided on an “as is” basis, and We shall be entitled at our sole and absolute discretion to vary or amend the said charges and prices at any time from time to time.

The price of the products goods and services shall be the price stated on the Platform at the time which You place and complete the order on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which You shall be liable to pay to Us in addition to the price, but it excludes the delivery charges (if any).

All payment made by You shall be in accordance with the payment manner, options and direction as set out on the Platform. Upon Your successful payment, We will send You with a purchase confirmation and invoice to Your e-mail.

Currency Conversion. All expressed sums due shall be payable in accordance with the currency set out on the Platform. In the event conversion of the expressed sums due to other currency is required, the expressed sums due shall be converted into that other currency based on the conversion rate of a licensed bank nominated by Us. You shall bear all relevant bank charges, fees, expenses and disbursements where applicable.

Tax. All payments are subject to taxes where applicable. You shall bear Your own tax permitted or required by applicable law including but not limited to federal, state, local or foreign government tax, fee, duty, surcharge, withholding tax or other tax-like charge. The Parties shall further adhere to such other tax such as good and services tax which is applicable based on the jurisdiction where the Parties reside.

Suspension & Termination

In addition to any other legal or equitable remedies, We may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these terms and conditions set out in this Agreement. Upon any termination of these terms and conditions, You shall immediately cease all access to and use of the Platform and/or Services and We shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to You and deny your access to and use of this Platform and/or Services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the Parties arising before the date of termination. You furthermore agree that We shall not be liable to you or to any other person as a result of any such suspension or termination. If You are not satisfied with the Platform and/or Services or with any of the terms, conditions, rules, policies, guidelines, or practices, in operating the Platform and/or providing Service(s), Your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

Without Prejudice to Other Rights. The termination of of Your Account and/or Your access to the Platform shall be without prejudice to any of Our rights against You which may have accrued up to the date of termination and to any other remedy or right that We may have under this Agreement or under general law.

We shall not be liable for any loss, damage and/or cost sustained, suffered or incurred by You resulting from Our actions under this Clause 7.

Confidential Information & Permitted Disclosure

You agree to keep all Our Confidential Information confidential and secure.

Proprietary Rights

You agree that all intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

You shall not use Our and Our Third Party Providers’ name, logo or marks for any purpose whatsoever without Our prior written consent.

All losses, costs, demands, liabilities or damage incurred or suffered by Us as a result of any infringement or passing off of any proprietary rights by You shall be reimbursed by You to Us within 10 days of receipt of Our written demand for the same or at Our sole and absolute discretion set off against any amount due, or payable, to You without Your consent.

Indemnities

You agrees and undertake to indemnify Us and keep Us indemnified (hold harmless) at all times (including Our employees, officers, directors and Our Third Party Providers) from and against all loss, damage or liability incurred or suffered as a result of any actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Us directly or indirectly in respect of (i) any breach by You of any of the provisions of this Agreement or of any law, code or regulation; or (ii) any of Your wilful, unlawful or negligent act or omission; (iii) a claim by a third party against Us alleging that You have infringed or passed off any intellectual property rights; or (iv) any penalties or costs whatsoever necessitated or imposed by the Government Body and/or Our Third Party Providers against Us as a result of Your actions. The indemnity referred to in this Clause shall be granted by You to Us whether or not legal proceedings are or have been instituted and, if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise or determination;

For the avoidance of doubt, We may, at Our sole discretion, set-off any indemnity, charges, fees and/or costs, due and owing to Us by You against any revenue payable to You under this Agreement or against any other revenue, charges, fees and/or costs payable under any other provision(s) of this Agreement or demand immediate repayment of the said sums from You.

Limitation of Liability

You agree that The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Us of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

We make no warranties or representations in connection with the provision of Service(s), Content and Platform and the subject matter of this Agreement, whether express, implied or oral, contractual or statutory, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, title, free from any bugs, virus or errors whatsoever, the security of the Platform and Your data, non-infringement, quiet enjoyment, satisfactory quality, or accuracy and any warranties, terms or conditions arising from course of performance, course of dealing or usage or trade. Without limiting the foregoing, We do not warrant that the Service(s) and Platform will be uninterrupted or error-free or free from hacks and We expressly disclaims (i) any liability arising from any claims by any third parties or such other end users or subscribers whomsoever; and (ii) any liability in respect of the data, details information, instructions supplied by You that are incorrect, inaccurate, illegible, out of sequence, or in the wrong form, or arising from their late arrival or non-arrival, or any of Your acts or omissions or any of Your third parties whosoever.

In no event shall We be liable to You in contract, tort, negligence, the use of Our Platform and Service(s), the content and materials contained in or accessed through Our Platform and Service(s), personal injury or non-waivable statutory rights or any other cause of action or otherwise for any loss of profits or any direct, indirect, incidental, consequential, special, punitive or exemplary damages arising from the subject matter of this Agreement or for or for any injury caused to or suffered by a person or damage to property or any damages arising out of or in connection with this Agreement. This liability limitation applies even if We have been advised of the possibility of such damages, including but not limited to, loss of revenue, profits, anticipated profits or lost business, and even if the damages were not reasonably foreseeable.

Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at Your own risk and We shall not be liable therefore.

You hereby irrevocably and unconditionally release and forever discharge Us (and Our Third Party Providers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, Ours and/or Our Third Party Provider, other Platform users, or the Service(s).

Without prejudice to this Clause 11, the Parties hereby agree that Our maximum aggregate liability to the You under this Agreement, whether arising from contractual, tort, negligence or any other cause of action or otherwise, shall not under any circumstances exceed RM 1.00 only.

Anti-Social & Anti-Bribery

You warrant that You are not, and not involved in, an organised crime group (“Organised Crime), a member of any Organised Crime, a person equivalent to a member of an Organised Crime, a company affiliated with any Organised Crime, a group engaging in criminal/illegal/unlawful activities including but not limited to providing funding to any Organised Crime, a group engaging in criminal/illegal/unlawful activities under the pretext of conducting social campaigns or Organised Crime involved in intellectual crimes and such other activities which the authorities deem as part of Organised Crime from time to time.

You warrant that You shall comply with all applicable laws, regulations, statues and codes relating to anti-corruption and shall not give or offer to give, agree to give, authorize, solicit or accept of any gratification, gift commission or consideration of any kind as an inducement or reward for obtaining or retaining business or doing or promising to do any act or otherwise secure an improper advantage in relation to this Agreement to, by or for any person, including government or party officials, Our employees, officers or any person acting on its behalf ("Bribery") and that it has taken reasonable measures to prevent subcontractors, agents or any other third parties, subject to its control or determining influence, from doing Bribery.

You agree that in the event You breach clauses 12.1 and 12.2 or involved in Bribery and/or Organised Crime (“Said Breach”): (i) We shall be entitled to immediately terminate Your Account, Your access to the Platform and/or Your use of the Service(s) with or without notice to You and without cost and liabilities to You; and (ii) You shall indemnify, and hold harmless, Us and Our shareholders, directors and employees from and against any loss, damage, liability (including legal and other fees and disbursements) incurred or suffered as a result of or arising from the Said Breach.

General Provisions

Assignment of Rights & Obligations. You shall not assign or transfer the benefit of this Agreement without Our prior written consent. We may consent to the assignment or novation of this Agreement subject to such terms and conditions as it chooses to impose. We shall be entitled to assign rights and obligations wholly or partly to Our subsidiaries or associates companies without Your Consent.

Waiver. No right under this Agreement shall be deemed waived except by prior written notice signed by both Parties. The failure or neglect of either Party to enforce at any time any of the provisions of this Agreement shall neither be construed nor shall be deemed to be a waiver of that Party’s rights hereunder nor does it in any way affect the validity of the whole or any part of this Agreement nor does it prejudice the rights of that Party to take subsequent action if it so chooses.

Severability. In the event that any or any part of the terms, conditions or provisions contained in this Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.

Relationship of the Parties. Nothing in this Agreement shall constitute or be deemed to constitute (i) a partnership between both the Parties; and (ii) any of the Parties hereto as the agent of the other Party.

Entire Agreement. This Agreement supersedes any understandings, promises or agreements made between the Parties hereto prior to this Agreement and constitute the entire understanding between the Parties hereto.

Successor Bound. This Agreement shall be binding upon each of the Parties hereto and their respective successors in title and permitted assigns.

Third Party Rights. This Agreement does not create or confer any rights or benefits enforceable by any person not a party to it.

Law. This Agreement shall be governed by the laws of Malaysia and the Parties agree to submit to the exclusive jurisdiction of the Malaysian courts.

Definitions

information relating to any of the Parties’ business, including but not limited to, details of trade secrets, know-how, strategies, ideas, operations, compliance information, processes, methodologies and practices, Our API, information regarding Our Platform, Our technical and product documents;

information relating to any of Our plans, intentions, know-how, market opportunities and business affairs or those of Our suppliers, customers (including potential customers) and clients;

confidential information of Our suppliers, customers and clients; and

the terms and conditions of this Agreement;

was, at the time of its disclosure by Us, in the public domain or subsequently disclosed or made available to the public (except where such disclosure is a result of a breach by the receiving Party of this Agreement);

was lawfully in Your possession prior to its disclosure by the disclosing Party to the receiving Party;

was already known to You on a non-confidential basis prior to Our disclosure to You;

is or becomes available to, or obtained by You from, a third party without any restrictions as to its use or disclosure ; or

is independently developed by You, without prior knowledge of, or receipt of the Our information.

Our Correspondence Contacts

Your Correspondence contacts are as provided to Us during Your registration, and shall be Your official correspondence contacts.