As amended and restated on: January 4, 2019
- In compliance with the Malaysian Personal Data Protection Act 2010, we are committed to safeguard the privacy of personal data you provide to us. They are encrypted and protected by a robust and redundant system with strict security policies, both electronic and human. Our personnel are trained with emphasis on the importance of keeping your personal data private.
- The data that we collect and store about you may include but is not limited to the following:
Our collection, storage, use and disclosure of your personal data may include but is not limited to the following purposes:
- Details of your visits such as pages and links accessed and how long they are visited.
- Data about web traffic, location and other communications.
- Name, residential and work address, national registration identity card number, passport number, national polling station, organisational affiliation, contact details, image, social media account, identity of acquaintances, credit card details and record of billing and payment.
- We may disclose your personal data to third parties (including our related corporations (as defined in Section 2(1), Companies Act 2016 of Malaysia), service providers, financial institutions and governments, which may be located outside Malaysia) for purposes relevant to the offering of the services through the App and Website and for other lawful and permitted purposes.
We store your personal data (either in our servers or those of third parties) throughout the time you are in a relationship with us and afterwards, for as long as necessary to protect our interest. We may transfer your personal data to locations outside Malaysia for analysis and storage.
You may request to see your personal data we have in our record and to have them corrected. You may also refuse or withdraw your consent for us to collect, store, use or disclose your personal data or ask that they be deleted from our storage, but if you do so, the App and Website may not work for you and you may miss important communication. Please note that in certain situations we may have to withhold access or reject your request to correct your personal data, for example when we are unable to confirm your identity or where information requested for is of a confidential commercial nature or in the event we receive repeated requests for the same information or allowing access or acceding to your request is contrary to any applicable law. Nevertheless, we will notify you of the reasons for not being able to accede to your request.
To proceed under this paragraph (f), please write to us at the e-mail or mailing address in paragraph 1(d) and to the attention of our Data Protection Officer.
If you provide to us personal data of a third party including anyone without the legal capacity to give consent, you confirm that you have the explicit consent from that third party, or the legal right, to do so. You also confirm that you will be personally liable for their actions if and when they use the App and Website, as well as indemnify us under paragraph 11(c).
- contacting you, maintaining your account and executing the functions of the App and Website.
- improving the App and Website, including tailoring the functions to your preferences.
- offering products that may be of interest to you and other marketing and promotional activities.
- providing you information about the functions of the App and Website.
- producing reports and statistics showing anonymous or aggregated personal data.
- detecting abuse, protecting against fraud, verifying your financial standing through credit reference/reporting checks and conducting other due diligence.
- conducting market surveys.
- complying with our legal obligations.
- as part of a change of control over the App and Website business.
- investigating and resolving disputes and enforcing our rights under these Terms and the law.
- By posting any comment, review or other content in the App and Website, you grant us an irrevocable, perpetual (even after the end of our relationship under these Terms), unconditional, worldwide, complimentary (royalty-free), non-exclusive, sub-licensable, transferable licence (subject only to a third party’s prior intellectual property right) to carry, use, reproduce, distribute, modify and in any way deal with that content without an obligation to give credit to you.
- By using the App and Website, you authorise us to access your information maintained by third parties on your behalf as your agent and you authorise them to disclose your information to us, for the purposes mentioned in paragraph 6(d).
DISCLOSURE AND DISCLAIMER
- All intellectual property in the App and Website; any content posted on or transmitted through them; and any communication with us, shall vest in us. If we require, you must do all things necessary to secure such intellectual property in our name.
- The domain name at which the Website is located and the trade names, trademarks, logos and other marks displayed on the App and Website are our property and/or the property of our related corporations and other third parties. You must not use any of such intellectual property without prior written consent from us or the respective owners.
- Sometimes, your use of the App and Website may be interrupted. This could happen due to the following factors which are not within our control which includes but is not limited to power failure, equipment malfunction, human error, software update, maintenance, repair, government order, epidemic, natural disaster, emergency, social unrest, labour conflict or any other reason which results in loss of, or limited, access; loss of data or customised settings; limited or no functionality; obsolete or wrong data displayed; transactions mistakenly concluded; or other loss or inconvenience. We are not liable for any and all such interruptions which results in any consequential loss or damage to you.
- The sending of information electronically is not always secure. The information which you provide through the App and Website or which we transfer electronically could be intercepted and used for malicious purposes. Although we utilise strong security systems to prevent such situations from happening, we do not warrant that they are hack or error-free and we are not liable for any such information being intercepted and misused for malicious purposes.
- Certain contents and functions of the App and Website rely on information and services provided, platforms hosted, and action taken, by third parties. Through the App and Website, you may request information from a third party or direct it to take action. We do not review such information or direction and do not assume responsibility for the third party’s response or inaction. We are not responsible for the legality, accuracy, truth, completeness, currency, punctuality, availability or quality of such information, services or action and the integrity of such platform and how these might affect the App and Website. For example, your account information displayed in the App and Website is based on information received from third parties and is only current as at the stated time.
- You agree to be presented with offers and advertisements on the App and Website. Usually, we accept payment from third parties to place those offers and advertisements. However, we do not review them and do not give any endorsement or warranty on those third parties or the link, information or product referred to in those offers and advertisements. Any transactions entered into and concluded between you and such third parties are independent from us and we disclaim any liability arising out of such transactions.
- We do not give any warranty (whether statutory, express or implied) on the availability, reliability or quality of hardware or internet or telecommunication services for you to use the App and Website; the freedom of the App and Website from malware; the security of information you provide through the App and Website; non-infringement; or fitness for a particular purpose. Your use of the App and Website is at your own risk.
- If you have a complaint about any aspect of the App and Website or our conduct (including misbehaviour of our staff or if you find any part of the App and Website infringes your intellectual property right), you should write to us directly and privately at the e-mail or mailing address in paragraph 1(d), providing full details to enable us to resolve the complaint. Kindly note that complaints raised in any other manner (including via social media accounts or the print media) will neither be effective nor conducive towards resolving your complaint.
- To resolve your complaint, we may take up to 90 days after you have given us full details of the complaint in the manner mentioned in paragraph (a) above. You may only resort to action against us in a court or an alternative dispute resolution forum if the complaint is not resolved after that period. Resolution of your complaint within that period is full and final settlement between us, in which case you disclaim any right to bring any action, in a court or an alternative dispute resolution forum, against us on the same matter.
- To facilitate frank discussion between us towards resolution, all communication on the complaint that takes place between us before start of the proceedings in a court or an alternative dispute resolution forum, shall be confidential, without prejudice and privileged from production as evidence in that court or forum.
- Any court action you may bring against us in relation to the App and Website must be brought only in a court located in Kuala Lumpur or Selangor, Malaysia, which shall have exclusive jurisdiction.
- If your claim is successful against us in any action at a court or an alternative dispute resolution forum, your only remedy is refund of any excess portion of fees relevant to the claim, which is the aggregate limit of our liability to you. If there is no fee relevant to the claim, then the aggregate limit of our liability to you is RM100.00 only for all causes of action on the same matter.
- We are not liable towards you for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages (including loss of profit, revenue or business) arising from your use of the App and Website, even if we have been advised of the possibility of such damages. We are not liable to any of your family members and associates.
- You shall indemnify us and our shareholders, directors, officers, employees, contractors and agents and hold them harmless against all claims, penalties, costs (including legal costs) and any other liability arising from any of your conduct in relation to the App and Website, including but not limited to breach of these Terms; breach of any applicable laws; intellectual property infringement; and those leading to loss of reputation, death, injury or damage to, or loss of, property. You shall also reimburse us for any legal costs we have incurred in connection to the enforcement of our legal rights against you.
INTERPRETING THESE TERMS
- While we will be sad to see you go, you may end our relationship under these Terms by deleting your account (if any) and discontinuing your use of the App and Website.
- To delete your account, please follow the instructions in the App and Website. After you delete your account, it might take some time for the system to register your exit, so you might still receive communications from us in the meantime. Deleting the App does not delete your account.
- If you choose to delete your account, your right to access and use the App and/or Website stops immediately. We will then delete your data and any content associated with your account or will otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the services offered through the App and/or the Website as you previously enjoyed.
- These Terms must be interpreted in accordance with Malaysian law, which shall govern the relationship between us. When reading these Terms, please remember that words using the singular or plural number also include the plural or singular number, respectively. Also, words following “include”, “including”, “whether” or “other” and their various forms refer to a non-exhaustive category.
- The relationship between us and you under these Terms shall not be construed to constitute a partnership under the Partnership Act 1961 or an agency. You have no right to legally bind us to any agreement with a third party.
- No failure to exercise or delay in exercising by us of any claim, remedy or right under these Terms shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other claim, remedy or right. Our waiver of your breach of these Terms shall not be construed as a waiver of any subsequent breach. Our rights and remedies under these Terms are cumulative and not exclusive of other rights or remedies provided by law.
- These Terms contain the entire agreement between us and you on the subject matter here and supersedes all prior agreements and understandings between us and you whether written or not, including any promises by our representatives. Except as provided under paragraph 2, no communication between us and you, whether or not through our respective representatives, shall be valid to amend these Terms or to grant any waiver to you unless formalised in writing, expressed as such an amendment or waiver and signed by a member of our senior management team specifically authorised to do so.
- If any provision of these Terms is determined to be unenforceable against you by any court of competent jurisdiction, it shall have no effect on the other provisions of these Terms. In that case, these Terms shall be interpreted so as to put into effect the original intent of the unenforceable provision as closely as possible.
- The English language version of these Terms prevails over any other language versions.