1.1. Welcome to Daboba App (the "Platform"), an mobile application issued by Boba Tea Sdn. Bhd. (“Daboba App”). This Terms of Service is a contract between you and Daboba App and it governs your use of all Services (defined below). Please read the following Terms of Service carefully before using this Platform or opening a Daboba App account ("Account") so that you are aware of your legal rights and obligations with respect to us and our affiliates and subsidiaries (individually and collectively, "Company", "we", "us" or "our")
1.2. BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE BELOW 18 YEARS OLD OR THE RELEVANT "AGE OF MAJORITY" WHERE YOU LIVE, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE "AGE OF MAJORITY" WHERE YOU LIVE, OR DO NOT UNDERSTAND THIS CLAUSE 1.2, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THESE TERMS OF SERVICE ONTHE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES, INCLUDING ANY TRANSACTION MADE BY THE MINOR, WHETHER THE MINOR'S ACCOUNT IS NOW OPEN OR CREATED LATER AND WHETHER OR NOT THE MINOR IS SUPERVISED BY YOU DURING HIS OR HER USE OF OUR SERVICES.
1.3. We have the right to revise these Terms of Service at any time without providing notice to you. Your continued use of the Services, this Platform and/or your registration of an Account, shall be deemed irrevocable acceptance of these Terms of Service and any such revisions.
1.4. We reserve the right at all times, at our sole discretion, to change, upgrade, modify, suspend, limit or discontinue any portion of this Platform or the Services or any of our related functions or applications, including payment methods, temporarily or permanently, without notice to you or giving any reason. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or Services in our sole discretion and without notice or liability.
1.5. We reserve the right to refuse to provide you access to the Platform or Services or to allow you to open an Account for any reason.
2.1. The services we provide or make available include (a) the Platform; (b) the services provided through the Platform and by the Company’s client software (“Software”); and (c) all information, websites, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials made available through the Platform or our related services ("Content") (collectively, the “Services”). Any new features added to or augmenting the Services are also subject to these Terms of Service. The Services include but are not limited to a one stop solution for the provision of electronic money solutions which consist of: (a) top up of funds to the Account; (b) online payment processing services such as making payments to participating third parties (“3P Merchants”); and (c) other services that we may add from time to time as approved by Bank Negara Malaysia and/or relevant governmental or regulatory body(ies).
2.2. Our Services are designed to facilitate registered users using our Software (“Users”) to place, accept, conclude, manage and fulfil orders for the provisions of products and services within the Platform (“Transactions”). We reserve the right to introduce new features, functionalities or applications to the Services or future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement unless otherwise stated.
2.3. Top Up Funds
2.3.1. You may add funds to your Account using any of the following methods:
(a) Online Banking
You may direct your bank to add funds to your Account. In the event that you add funds to your Account using online banking:
(i) you confirm that you are legally authorized to access the designated bank account you have linked to your Account; and
(ii) you hereby confirm, consent and irrevocably authorize Daboba App to charge your designated bank account for the top up amount.
(b) Credit / Debit Card
You may use your credit / debit card to add funds to your Account. You agree that we may verify and authorize your credit / debit card details when you first register with us as well as when you use the Services. In the event that you add funds to your Account using credit / debit card:
(i) you agree that we may issue a reasonable authorization hold, which is not an actual charge on your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card; and
(ii) you hereby confirm, consent and irrevocably authorize Daboba App to charge your credit / debit card account for the top up amount. You further agree and undertake to comply with the terms and conditions imposed by the issuer of the credit / debit card
2.4. We have the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal, abusive or involves any criminal activity or where we reasonably believe you to be in breach of this Terms of Service. Youagree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place. You are liable to us for the full amount of the payment if it is later invalidated for any reason including, but not limited to, claims, chargebacks, or if there is a reversal of the payment. You agree to allow us to determine at our sole discretion (or in the case where a credit / debit card is used as the funding source, to work with your credit / debit card issuer) the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to us by debiting your Daboba App wallet.
2.5. You acknowledge and agree that no liability shall be incurred by us if we are unable to complete any transfers initiated by you for any reason beyond our control such as:
(a) if, through no fault of ours, your account or Account does not contain sufficient funds or if the transfer would exceed the transactional limit set for your Account;
(b) our payment processing centre is not working properly and you know or have been advised by us about the malfunction before you execute the transfer;
(c) you have not provided us with the correct account information, or information that you provided becomes incorrect; and/or
(d) circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force), even if foreseeable or foreseen, that prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
2.6. Subject to Clause 9, and provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Account or causes funds from your Account to be directed in a manner inconsistent with your instructions, you agree that your sole remedy shall be to have the wrongly deducted sum returned to your Account.
You may withdraw available funds from your verified Account (subject to Clause 6 of these Terms of Services) by way of online banking to a registered and valid bank account only. You are required to complete the standard KYC (Know-Your-Customer) process before you are allowed to withdraw. You will be prompted to enter your Daboba App wallet PIN in order to proceed with the withdrawal. The withdrawal amount will be deducted from your Account and may reach your bank account within three (3) business days.
2.8. Fee of Services
2.8.1. We set out below the fees imposed for the use of the Services, which will be automatically deducted from the Account:
(a) Top Up Funds
Top up of Account is free.
Withdrawal to your bank account (online banking) is free.
2.8.2. We reserve the right to change the fees imposed for the use of the Services in the future and will automatically deduct the amount from your Account.
2.9. No Liability
2.9.1. You acknowledge and agree that no liability shall be incurred by us if we are unable to complete any Payment Instructions initiated by you for any reason beyond our control, including, but not limited to, the following:
(a) if, through no fault of ours, your Account does not contain sufficient funds or if the payment or purchase would exceed the transactional limit set by you for your Account;
(b) our payment processing centre is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instructions;
(c) you have not provided us with the correct Account information, or information that you provided becomes incorrect; and/or
(d) circumstances beyond our control (such as, but not limited to, fire, flood, or interferencefrom an outside force), even if foreseeable or foreseen, that prevent the proper execution of the Payment Instructions and we have taken reasonable precautions to avoid those circumstances.
2.10. Subject to Clause 9, and provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Account or cause funds fromyour Account to be directed in a manner that does not comply with your instructions, youagree that your sole remedy shall be to have the wrongly deducted sum returned to your Account. You agree and acknowledge to release and indemnify us against any damages, losses and claims from the third party in relation with the foregoing.
2.11. In the event where a Transaction is terminated, we may, at our sole discretion, determine whether it is reasonable to refund part of or all the funds to the User.
2.12. The types of Transactions and other benefits, features, and functions of the Services available to a User may vary for different countries and regions. No
warranty or representation is given that the same type and extent of transactions, benefits, features and functions will be available to all Users.
2.13. We reserve the right to refuse or cancel any Transaction for any reason at our sole discretion. Situations that may result in a Transaction being rejected or cancelled, include, but are not limited to, problems which have been identified by our credit and fraud control department, where we have reason to believe that the Transaction is unauthorized, violates any law, rule, or regulation, or may otherwise subject us or any of our affiliates to liability. We may also require additional verifications or information of any Transact.
2.14. We may impose additional restrictions, limitations, prohibitions or any other measures that we, in our sole discretion, deem necessary or reasonable in each Transaction.
2.15. You will be responsible for all Transactions made through the Platform via your designated Account, with or without your authority, knowledge or consent, and may not claim against us in connection with any such use or purported use.
3.2. Users in possession of another User’s personal data (the “Receiving Party”) must (a) comply with all applicable personal data protection laws; (b) allow the other User (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and (c) allow the Disclosing Party to review what information has been collected about them by the Receiving Party.
4. LIMITED LICENCE
4.1. We grant you a limited licence to access and use the Services subject to the terms and conditions of these Terms of Service for personal use only. Unless we provide you with our consent, this licence does not allow you to make any commercial use or any derivative use of the Services (including, without limitation to, any of our individual elements or Content). All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Platform are the property of Company and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any such proprietary Content, trademarks, service marks, brand names, logos and other intellectual property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform and our Content. You agree not to copy, distribute, re-publish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or our Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given to standard search engine technology employed by Internet search websites to direct Users to this website).
Unless accompanied by a separate licence agreement, any software provided by us to you as part of the Services is subject to the clauses of these Terms of Service. The software is licensed, not sold, and we reserve all rights to the software not expressly granted by us. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by us.
6. ACCOUNTS AND SECURITY
6.1. To access our Services, you are required to register for an Account by providing certain personal information such as your mobile telephone number, selecting a password, and optionally selecting a unique User identification ("User ID"). If you select a User ID that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your Account. Once an Account is set up you can directly transact. By setting up an Account, you confirm that you have provided us with your consent to use your personal information stored by the relevant Merchant for verification if required, including, but not limited to, when your Account mobile-activated phone has been lost, stolen or deactivated. If you want to be a verified user, you will need to submit full name, birth date, e-mail, phone number as part of our standard KYC (Know-Your-Customer) process. . By registering for an Account, you confirm that (a) you have provided us with your consent to use your personal information for the provision of Services; and (b) you will pay or allow us to deduct from your Account all fees and charges associated with the use of the Services.
6.3. You agree to (a) keep your password and PIN confidential and use only your personal Account password and PIN when logging in; (b) ensure that you lock your Account at the end of each session on the Platform; (c) immediately notify us of any unauthorized use of your Account; and (d) ensure that your Account information is accurate and up to date. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. Once you are logged in to the Account, you will stay logged in until you log out. If someone (you or someone else) has entered the wrong password and/or PIN up to 5 (five) times in a row on any 1 (one) day, your Account will be blocked. To recover your blocked Account, you must contact us. We will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Clause 6.
6.4. We may require that you submit documents such as identification documents so that you may access our Services.
6.5. You are responsible for providing accurate registration information and for keeping your registration information up to date or notifying us in the event of changes.
6.6. You agree that we may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately terminate your Account, and remove or discard from the Platform any Content associated with your Account. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity; (b) violation of the letter or spirit of these Terms of Service; (c) fraudulent, harassing, defamatory, threatening or abusive behaviour; or (d) behaviour that is harmful to other Users, third parties, or the business interests of the Company. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against us, or which in any way involves us, then we may terminate your Account.
6.7. If your Account is or remains inactive (which means you have not logged into your Account) for more than three (3) months, we reserve the right to adopt the necessary measures such as suspending or deactivating your Account.
6.8. You may only use the Services and/or open an Account if your applicable jurisdiction allows you to accept these Terms of Service.
6.9. Prior to the termination of the Account, you must withdraw your remaining balance in the Account (“Redemption”), after deducting any operational costs payable (if any), such that your Account balance is nil. Please note that your Account can only be terminated if the balance is nil. The method of Redemption is stipulated under the method of withdrawal as provided in these Terms of Service. There is no minimum limit balance in the Account that can be redeemed. However, if the balance in the Account is insufficient for any deduction of the costs payable, you are required to settle this obligation by the method prescribed by us.
6.10. Should your Account be banned due to investigation by any governmental or regulatory body(ies), we reserve the right to retain your money indefinitely and/or release it per instruction from the governmental or regulatory body(ies).
6.11. You may only use the Services and/or open an Account if your applicable jurisdiction allows you to accept these Terms of Service.
7. SUSPENSION OR BREAKDOWN OF SYSTEM
7.1. If you are unable to use the Services as a result of improper operation of the Software due to any of the following reasons, you agree that you will not hold us or our affiliates liable for:
(a) failure to give notice of system suspension or maintenance on our Platform;
(b) failure in transmission of data due to breakdown or suspension of telecommunications equipment and/or systems;
(c) failure in system operations due to force majeure events including, but not limited to, typhoon, earthquake, tsunami, flood, blackout, war, terrorist attack, beyond our reasonable control; or
(d) interruption or delays in the Services due to hacking, maintenance, upgrades, banking or regulatory bodies, and any other reason.
7.2. You agree and acknowledge that you will release and indemnify us against any damages, losses and claims from you or other third party in relation with the foregoing suspension or breakdown of systems.
8.1. In the event that a Transaction is cancelled, refunds for Transactions made via;
(a) Daboba App wallet or online banking will be credited to your Daboba wallet; or
(b) credit / debit card will be credited back to the credit / debit card used in the Transaction.
9. ERRORS AND UNAUTHORIZED TRANSACTIONS
9.1. When an unauthorized Transaction or an error occurs in your Account, we will cover you for the full amount of every eligible unauthorized Transaction or error as long as you follow the procedures set out below. An unauthorized Transaction occurs when a payment is sent from your Account that you did not authorize and did not benefit you i.e. if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an unauthorized Transaction has occurred. If you give someone access to your Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use.
9.2. You should immediately notify us if you believe:
(a) there has been an unauthorized Transaction or unauthorized access to your Account;
(b) there is an error in your Account history;
(c) your password or unlock code has been compromised;
(d) your Account mobile-activated phone has been lost, stolen or deactivated; or
(e) you need more information about a transaction listed in the transaction history or transaction confirmation.
9.3. To be eligible for protection for unauthorized Transactions, you must notify us within twenty four (24) hours upon notice of such unauthorized Transactions, but no later than thirty (30) days after any unauthorized Transaction first appears in your Account history. We will extend the time period with reasonable and demonstrable reason, such as a hospital stay, which kept you from notifying us within the time limit. You should regularly log into your Account and review your Account history to ensure that there has not been an unauthorized Transaction or error. We may also send an e-mail to the primary email address you have provided in order to notify you of each transaction from your Account. You should also review these transaction confirmations to ensure that each transaction was authorized and is accurate.
9.4. For unauthorized Transactions or errors in your Account, notify us through the methods set out in Clause 16.
9.5. When you notify us, provide us with all of the following information;
(a) your name, contact number and e-mail address registered to your Account;
(b) a description of any suspected unauthorized Transaction or error and an explanation as to why you believe it is incorrect or why you need more information to identify the Transaction;
(c) the amount of any suspected unauthorized Transaction or error; and
(d) a copy
9.6. If you notify us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. During the course of our investigation, we may request additional information from you.
9.7. Once you notify us of any suspected unauthorized Transaction or error, or we otherwise learn of one, we will do the following:
(a) we will conduct an investigation to determine whether there has been an unauthorized Transaction or error that is eligible for protection. We will complete our investigation within fourteen (14) Business Days from the date we received your notification of the suspected unauthorized Transactions or error. If we decide that we need more time to complete our investigation, we may, at our sole discretion, provisionally credit your Account for the amount of the suspected unauthorized Transaction or error; and
(b) we will inform you of our decision after completing our investigation.
9.8. If we determine that there was an unauthorized Transaction or error, we will promptly credit the full amount into your Account within five (5) business day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts. If we decide that there was not an unauthorized Transaction or error, we will include an explanation of our decision in our e-mail to you. If you received a provisional credit, we will remove it from your Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation.
9.9. We will rectify any error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, we will credit your Account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, you agree that we may debit the extra funds from your Account.
9.10. If you erroneously send a payment to the wrong party or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you sent the payment and ask them to refund the payment. We will not reimburse you or reverse a payment that you have made in error.
10.1. We are not a bank or other chartered depository institution, nor an issuer of any credit cards, debit cards, savings account or other prepaid payment service method (“Payment Instrument”), unless expressly stated otherwise. For Transactions facilitated with Daboba App, we handle the payment to Merchants and the charging of your Payment Instrument to conduct your payment for the purchase.
10.2. THESE TERMS OF SERVICE DO NOT AMEND OR OTHERWISE MODIFY YOUR AGREEMENT WITH THE ISSUER OF YOUR PAYMENT INSTRUMENT, AND YOU ARE RESPONSIBLE FOR ENSURING YOUR USE OF SOFTWARE COMPLIES WITH ALL SUCH AGREEMENTS. IN ADDITION, YOU ARE RESPONSIBLE FOR ALL CHARGES AND/OR DEBITS TO YOUR PAYMENT INSTRUMENT RESULTING FROM ANY PURCHASES MADE FROM THE ACCOUNT IN ACCORDANCE WITH SUCH AGREEMENTS. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS OF SERVICE AND YOUR AGREEMENT WITH THE ISSUER OF YOUR PAYMENT INSTRUMENT, THESE TERMS OF SERVICE GOVERN THE RELATIONSHIP BETWEEN YOU AND US SOLELY WITH RESPECT TO THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR PAYMENT INSTRUMENT AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY, OR AVAILABILITY OF ANY INFORMATION YOU ENTER OR OTHERWISE STORE IN THE SOFTWARE, INCLUDING, WITHOUT LIMITATION TO, WHETHER SUCH INFORMATION IS CURRENT AND UP TO DATE.
10.3. THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING TO THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES, THIS PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
10.4. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN PARTICULAR, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE SECURITY CODES PROVIDED TO YOU AND YOU MAY NOT CLAIM AGAINST US FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR FAILURE TO DO SO.
10.5. Any downloading of data from our system is done solely at your risk, and we do not warrant that such data or our system is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.
10.6. If you send funds to the wrong party or sent a wrong amount, we may choose to assist you out of goodwill in contacting the party that received the funds to ask for a refund. However, we will not be liable to reimburse any payment or to reverse any Transaction that you have made as a result of your error or negligence.
11. EXCLUSIONS AND LIMITATION OF LIABILITY
11.1. IN NO EVENT SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION TO, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION TO, ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION TO, ANY DAMAGES RESULTING THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, SHOPEEPAY MAKES NO WARRANTY ON THE SOLVENCY OF THE COMPANY OR AS A RESULT OF THE INSOLVENCY OR CEASING TO TRADE OF ANY AUTHORIZED INSTITUTION WITH WHICH THE MONEY IS HELD.
11.2. WE MAY ESTABLISH GENERAL PRACTICES AND LIMITS CONCERNING THE USE OF THE SERVICES. WE RESERVE THE RIGHT TO CHANGE, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE SERVICES AT ANY TIME WITHOUT NOTICE AND LIABILITY. WE MAY DECLINE TO PROCESS ANY TRANSACTION WITHOUT PRIOR NOTICE TO YOU, PARTICULARLY IF (A) TRANSACTION DOES NOT SATISFY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE OR OTHER APPLICABLE TERMS, RULES AND POLICIES; OR (B) IF WE HAVE REASON TO BELIEVE THAT THE TRANSACTION MAY VIOLATE ANY LAWS, RULES OR REGULATIONS THAT MAY OTHERWISE SUBJECT US OR OUR AFFILIATES TO LIABILITY.
11.3. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES.
11.4. NOTWITHSTANDING CLAUSES 10 AND 11, IF WE ARE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO RM300 (RINGGIT MALAYSIA THREE HUNDRED).
11.5. NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
12. LINKS TO THIRD PARTY SITE
The links provided throughout the Platform will let you leave this Platform. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. Therefore, we are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. The provision of these links are merely a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of the content therein.
13. PROHIBITED CONDUCT
13.1. The licence for use of this Platform and the Services is effective until terminated. This licence will terminate as set forth within these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In such event, no notice shall be required by us to effect such termination.
13.2. You agree not to:
(b) act in a manner that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable to our employees, agents or other Users;
(c) use the Services to harm minors in any way;
(d) provide false, inaccurate or misleading information;
(e) use the Services for any illegal activities, including online gambling, regardless of whether online gambling is permitted in your jurisdiction in which you are located;
(f) use your Account in a manner that may result in disputes, claims or other liabilities to us, other Users, third parties, or may be regarded as an abuse of our system;
(g) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(i) remove any proprietary notices from the Platform;
(j) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without our express permission;
(k) use the Services in any manner not permitted by the licences granted herein;
(l) use the Services for fraudulent purposes;
(m) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide us;
(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;
(o) harvest or collect any information about or regarding other Account holders, including, without limitation to, any personal data or information;
(p) upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(q) upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorized form of solicitation;
(s) upload, post, e-mail, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
(v) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
(w) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(x) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation, including, without limitation to, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism financing;
(y) use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
(z) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(aa) use the Services to collect or store personal data about other Users in connection with any of the prohibited conduct and activities set forth above; and/or
(bb) use the Services for other illegal activities in your jurisdiction.
13.3. If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including, but not limited to, the following:
(a) we may suspend, or restrict your access to your Account;
(b) we may refuse to provide Services to you;
(d) we may take legal action against you; and/or
(e) we may take any other appropriate measures or actions in the given circumstances.
13.4. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not us, is entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Platform. We do not control the Content posted on the Platform and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, e-mailed, transmitted or otherwise made available on the Platform.
13.5. You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Platform. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms of Service, if we receive a complaint from another User, if we receive a notice of intellectual property infringement or other legal instruction for removal, or if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation to, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the clauses of these Terms of Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation to, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including, without limitation to, information in all parts of the Platform.
13.6. You acknowledge, consent and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory body having jurisdiction over us or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, our Users and/or the public.
14. YOUR CONTRIBUTIONS TO THE SERVICES
14.1. By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary permissions to grant the below licences to us. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation to, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant us and our successors an irrevocable, worldwide, non- exclusive, royalty-free, sub-licensable and transferable licence to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation to, for promoting and redistributing part of the Services (and our derivative works). This licence granted by you terminates once either party removes your contributed Content from the Services. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
15. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
15.1. Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, we are not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold us responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
15.2. In addition, the Services may contain links to third party text, video feeds and podcasts (collectively, "Third Party Feeds"), products, websites, services and offers, or links to download third party software applications. These third party links, third party feeds, products, websites, services and software applications are not owned or controlled by us. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. We have not reviewed, and assume no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that we shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website or widget. You further acknowledge and agree that we may disable your use of, or remove, any such third party links, third party feeds, or applications on the Services to the extent they violate these Terms of Service.
16. CONTACTING US
16.1. If you have complaints, feedback or believe a User on our Platform is violating these Terms of Service, please contact us:
(a) using our feedback function located under settings on the Platform;
(b) through email@example.com.
17. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with our terms;
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations;
(c) you will only use the Services on a device on which such use is authorized by the device's owner;
(d) you will use the Services in good faith and in compliance with all applicable laws and regulations, including laws related to anti-money laundering and counter-financing of terrorism;
(e) you are solely responsible for maintaining the confidentiality of the password or security codes provided to you and you may not claim against us for any loss or damages resulting from unauthorized use of your password or your failure to do so;
(f) all information given to the Account or in relation with the registration of the Account is correct, complete, accurate and up to date; and
(g) you will be solely responsible for payment of any taxes, duties, or other governmental levies, charges or fees, that may be imposed on the Services.
You agree to indemnify, defend and hold harmless the Company, and our shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation to, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of the Services by or on behalf of us; (b) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein; (c) your use or misuse of the Services; or (e) your breach of any law or the rights of a third party.
If any clause of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that clause shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining clauses of these Terms of Service in such jurisdiction nor the validity and enforceability of the clause in question under the law of any other jurisdiction.
20. GOVERNING LAW
These Terms of Service shall be governed by and construed under the laws of Malaysia. Any dispute, controversy, claim or difference of any kind whatsoever arising between us and you under these Terms of Service shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (“AIAC”) in accordance with the Arbitration Rules of the AIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one (1) arbitrator who shall be appointed by mutual agreement between you and Daboba App (“Arbitrator”). If you and Daboba App are unable to agree on an arbitrator, the Arbitrator shall be appointed by the Director of the AIAC in accordance with the Rules. Any arbitration award shall be made in writing and shall be final and binding on you and Daboba App. The place and seat of the arbitration shall be Perak, Malaysia. The language to be used in the arbitration proceedings shall be the English language and the fees of the Arbitrator shall be borne equally by you and Daboba App, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable laws. You and Daboba App agree that Part III of the Arbitration Act 2005 shall not apply to this Agreement or the arbitration proceedings arising out of this Agreement. These Terms of Service and the rights and obligations of you and Daboba App under these Terms of Service shall remain in full force and effect pending the award in any arbitration proceeding hereunder, save for the part in dispute and is to be determined in the arbitration proceeding.
21. GENERAL PROVISIONS
21.1. We reserve all rights not expressly granted herein.
21.2. We may modify these Terms of Service at any time by posting the revised Terms of Service on this Platform. Your continued use of this Platform after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
21.3. You may not assign, sub-licence or transfer any rights granted to you hereunder or subcontract any of your obligations.
21.4. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you, 3P Merchants and us, nor does it authorize you to incur any costs or liabilities on our behalf.
21.5. Our failure at any time or times to require performance of any clauses hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing.
21.6. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of Company's and our affiliates' and subsidiaries' respective successors and assigns).
21.7. The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding between you and Daboba App with respect to the Services and the Platform and supersede any previous agreement or understanding between you and Daboba App in relation to such subject matter. You and Daboba App also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, neither you nor Daboba App have relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. You and Daboba each irrevocably and unconditionally waives all claims, rights and remedies which but for this Clause 22 it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
21.8. You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption, including, without limitation to, the Malaysia Anti-Corruption Commission Act, UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
21.9. If you have any questions or concerns about these Terms of Service or any issues in respect of these Terms of Service or on the Platform, please contact us through the various methods available as stated in Clause 16.
21.10. Any translation of these Terms of Service and any other policies referenced herein are provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language.
I HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL OF THE TERMS CONTAINED ABOVE AND ANY REVISION TO THE SAME HEREAFTER. BY CLICKING THE “REGISTER NOW” BUTTON OR ANY SIMILAR ACTION BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY, AND I GIVE MY IRREVOCABLE ACCERPTANCE OF AND CONSENT TO BE BOUND BY THESE TERMS OF SERVICE.