TERMS OF SERVICE
- 1. Definitions.
- 1.1. “SDN BHD”; “us”; “we”; “our” shall mean GoKardz Technologies SDN BHD, a limited liability partnership registered under the Limited Liability Partnership Act, 2008 having its registered office at GoKardz Technologies SDN BHD, Unit-18/08, Tower B, The Vertical Business Suites, Jalan Kerinchi, W.P KL, 59200 Malaysia.
- 1.2. “Platform” shall mean and include the proprietary mobile application of the SDN BHD, namely Gokardz along with the website https://www.gokardz.com/ (“Website”).
- 1.3. “Sub-Platform” shall mean various sub-platforms under the Platform including the networking & social layer, video platform, job boards, applicant tracking systems, a seller’s network, award programs, assessment and talent alignment platform reporting, a mentor and a Consultant marketplace, a gig or a freelance marketplace, application marketplace, learning marketplace, event platform and marketplace.
- 1.4. “Seller(s)”; “Talent Contributor(s)” shall mean a person or an entity who is allowed to share their resources with the Platform, in the form of Candidate referrals or Candidate resume with the consent of the Candidate.
- 1.5. “Employer(s)” shall mean the employer(s) or entities who shortlist Candidates, evaluate job Candidates, or offer ‘full time’ or ‘fixed term’ jobs, through the Platform.
- 1.6. “Talent Consultant(s)”; “Consultant(s)” shall mean consultants who can onboard and provide consulting services to organizations, (with the consent of the organization’s management) onto the Platform.
- 1.7. “Candidate(s)” shall mean individuals or freelancers who upload their respective profiles or resumes or share them individually and/or through Sellers on the Platform and its Sub-Platforms.
- 1.8. “Trainer” shall mean individuals who are professionals looking to teach & train others, through live classes or online courses.
- 1.9. “Partners” shall mean companies or individuals from various industries, who engage with Gokardz, through an agreement, for one or more partnership models.
- 1.10. “Features” shall mean and include the features which can be availed by the Users through the Platform and its Sub-Platforms which is a software as a service (SaaS) platform and marketplace network, that allows Users referred as ‘Candidate’ to pursue new careers and find compatible job openings either ‘full time’ or ‘fixed term’, based on their respective interests and unique skills; the Employers receive more suitable job applicants through an automated Feature; Gokardz Talent Alignment is also a software as a service (SaaS) Feature, that allows organizations to enhance organizational productivity, by identifying gaps & planning interventions, through actionable insights & reports; Gokardz Reskilling Solutions through Users may reskill themselves or their resources which the e-learning and skill assessment modules on the platform; business to business talent alignment and solutions marketplace; conducting physical and virtual events; mentorship marketplace; organizing educational awards and ranking of such institutes.
- 1.11. “Services” shall mean the services provided to the Users by the SDN BHD through the Platform and its Sub-Platforms such as facilitating the Candidates to search for suitable job openings, post their resumes, assists talent contributors to upload/share details and resumes of available resources, facilitates organizations to post their requirements related to human resource and hire Candidates.
- 1.12. “you”; “your”; “Users” shall include in its ambit Users who visit, install, download and use the Platform and its Sub-Platforms and shall also include Sellers, Employers, Consultants, Candidates, Trainers and Partners.
- 1.13. “User Account” shall mean the account, which the Users shall be required to create on the Platform to avail the Features and Services offered by the SDN BHD.
- 2. Scope of the Platform.
The Platform has multiple Features under its domain through which it offers various Services to Candidates, Employers, Sellers and Consultants regarding their requirements in the human resources domain.
- 3. Use of the Platform.
The Gokardz Talent Commerce Feature recommends jobs to Candidates, job openings to Talent Contributors and Candidates to Employers. The Gokardz Talent Alignment Feature can be used by employees or management, of onboarded organization, to view reports and insights based on the data input by the organizational stakeholders, for individuals, teams, departments and organization, based on roles defined by the organization’s super administrators. Through the Talent Alignment Feature, we do not endorse or recommend any actions, by Employers towards employees or vice versa. We do not endorse any Employer or guarantee any results from using the Platform or any of the Sub-Platforms. We do not verify Users or their profiles, and do not control any transaction between Employers and job Candidates unless it is explicitly agreed between Employer and us. You agree that your use of the Platform and its Sub-Platforms is at your own risk.
The Users shall be able to avail the Features based on the package chosen by them on the Platform.
The Users shall be able to view and select the Features and/or Services that they want to avail through the Platform and its Sub-Platforms, and pay for the same either offline or through the payment modes made available on the Platform. Although the Platform and its Sub-Platforms may display information that may be obtained through various sources, the Users understand and acknowledge that the SDN BHD shall not be responsible in any manner for the nature of the information displayed on the Platform and its Sub-Platforms. You understand and acknowledge that your use of the Platform and its Sub-Platforms is at your own risk and the SDN BHD shall not be liable for any consequence arising from such use.
- 4. Accounts and Registration.
To access the Features and/or Services as available on the Platform and its Sub-Platforms, you must register for a User Account. When you register for a User Account, you may be required to provide us with some information about yourself, such as your full name, your email address, your mobile number or other contact information and validate it. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register for a User Account, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your User Account and password, and you accept complete responsibility for any and all activities that occur under your User Account. If you have reason to believe that your User Account is no longer secure, then you must immediately notify us at Support@gokardz.com. Through this User Account, you will be eligible for receiving further alerts and instructions related to the Features and Services made available through the Platform and its Sub-Platforms. Your access to use the Platform and its Sub-Platforms or any data obtained by you through the Platform and its Sub-Platforms will be terminated by us if your User Account is deactivated for any reason. We will be able to access your User Account in the event we become aware of any suspicious activities on your User Account.
- 5. Access to the Platform and Eligibility.
The SDN BHD may allow the User to access the Platform and its Sub-Platforms through other third party platforms such as Facebook, LinkedIn and Google. By accessing or using the Platform or its Sub-Platforms, or registering for a User Account through the Platform, you represent and warrant that you are of the age of majority in the jurisdiction in which you reside. As a minor, if you wish to use any Features or access the Platform and its Sub-Platforms, such use or access shall be made available to you by your legal guardian or parents, who has agreed to these Terms. In the event, a minor accesses or uses the Platform and its Sub-Platforms at any time, it is assumed that such a minor has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The SDN BHD will not be responsible for any consequence that arises as a result of any use or misuse of any kind of the Features available on the Platform and its Sub-Platforms that may occur by virtue of any person including a minor using or accessing the Platform and its Sub-Platforms. By using or accessing the Platform and its Sub-Platforms, you warrant that all the data provided by you is accurate and complete and if you are a minor, then your parent/legal guardian has given you the consent to access or use the Platform and its Sub-Platforms. The SDN BHD reserves the right to terminate your subscription and/or refuse to provide you with access to the Platform and its Sub-Platforms if it discovers that you are a minor and you do not have the consent from your parent/legal guardian to access or use the Platform and its Sub-Platforms or any information provided by you is inaccurate or for any other reason at the SDN BHD’s discretion. You acknowledge that the SDN BHD does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required criteria to use or access the Platform and its Sub-Platforms. You affirm that you have not previously been suspended or removed from accessing or using the Platform and its Sub-Platforms or any of its Features and/or Services, and your registration and your use of any of the Features and/or Services is in compliance with all applicable laws and regulations. If you are using the Features and/or Services on behalf of an entity, an organization, or a company, you represent and warrant that you have the authority to bind such entity, organization or company to these Terms and you agree to be bound by these Terms on behalf of that entity, organization or company. If you are using the Platform and its Sub-Platforms on behalf of any entity, organization or company, you agree that you have obtained all necessary permissions required from any resource of such entity, organization or company for uploading or publishing any of such a resource’s User Content on the Platform and its Sub-Platforms.
You agree to:
- (a) provide accurate, authentic and true information about yourself,
- (b) maintain your passwords, identification and the Platform’s and its Sub-Platforms’ security,
- (c) update your contact information listed in connection with your registration to keep it accurate so that we can contact you; and
- (d) be fully responsible for all actions through your User Account.
You must not set up a User Account on behalf of another individual or entity unless you are authorized to do so.
You shall not be able to access the Platform and its Sub-Platforms or use any of the data you have obtained through the Platform and its Sub-Platforms in the event your User Account has been deactivated for the non-payment of any charges due to the SDN BHD or for any other reason at the discretion of the SDN BHD, unless your User Account is reactivated by the SDN BHD.
Accessing, browsing, using or any other action you undertake with respect to the Platform and its Sub-Platforms does not deem to make you a member, partner or affiliate of the SDN BHD for any purposes whatsoever, nor shall you have any of the rights of statutory members or partners of the SDN BHD.
Unauthorized Use; False Information: You shall: (i) notify us immediately of any unauthorized use of your User Account or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the Platform and its Sub-Platforms or your User Account that is known to you or suspected by you, and (iii) not provide false identity or information to gain access to or use the Platform and its Sub-Platforms or any User Account in any manner.
- 6. Pricing.
You will be required to pay the fees for availing the Features either offline or through the Platform. For paying the fees through the Platform, you will be directed to the payments page. All prices are inclusive of taxes unless stated otherwise.
You can elect to pay for the membership fees and the Services through various modes of payment:
•Net Banking, NEFT, RTGS, IMPS, UPI and Debit & Credit Card;
•Any other mode of payment as may be acceptable to the Foundation.
We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the lack of authorization for any transaction, on account of a Member having exceeded the credit limit with his/her bank or for any payment issue arising out of the transaction.
Use of the payment facilities available on the Platform shall not render the SDN BHD liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Services availed through the Platform. The SDN BHD shall not be responsible for any damages, interests or claims arising from a transaction being unprocessed.
The Platform utilizes a payment gateway for online payments. Every Member who elects to pay online using such payment gateway hereby agrees to provide accurate information, such as credit/debit card information for availing the Services on the Platform. Every Member further warrants that he/she shall not use any payment information or instrument that is not lawfully owned by the Member. The Platform disclaims all liabilities arising out of loss of any information pertaining to the confidentiality of the credit/debit card details or any pre-paid instruments. In addition to these Terms, the terms and conditions of the concerned bank or other financial institution shall also be applicable to every Member. The SDN BHD disclaims any liability arising out of the failure to process payments by such banks or financial institutions.
If the SDN BHD terminates your Member Account; or if you close your Member Account, or if the payment of your fees cannot be completed for any reason, you shall be obligated to pay the SDN BHD for all unpaid fees plus any penalties, as may be applicable.
- 7. Content Available.
The SDN BHD does not make any warranty or representation for the Features and/or Services or any User Content available on the Platform and its Sub-Platforms. The SDN BHD shall not be held liable under any circumstances including, but not limited to: any infringement, errors, damages, fraud, misrepresentations, direct or indirect losses, future business loss, liability, claims or omission of information or details posted, or any link accessible or made available through this Platform and its Sub-Platforms. You understand that by using this Platform and its Sub-Platforms, you may be exposed to content that may be incomplete, old, offensive and/or objectionable due to any reason whatsoever. The SDN BHD assumes no responsibility for such content. We reserve the right to modify the contents of the Platform and its Sub-Platforms at any time, but we have no obligation to update any information on our Platform and its Sub-Platforms. You agree that it is your responsibility to monitor changes to our Platform and its Sub-Platforms. You agree that such modified content shall be binding upon you and you agree to abide by the same. You agree that you are solely responsible for your use of the Features and/or Services made available through the Platform and its Sub-Platforms, and the SDN BHD shall not be responsible and/or liable for any consequences arising from such use.
- 8. Advertisements.
The Platform and its Sub-Platforms may contain third party advertisements. The display of such advertisements does not in any way imply an endorsement or recommendation by the SDN BHD of the relevant advertiser or the merchant, its products or services. You are referred to the relevant advertiser or merchant for all information regarding the advertisement and its products and/or services. The SDN BHD accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
- 9. User Content.
We may permit Users to create and upload content to the Platform and its Sub-Platforms, including messages, reviews, photos, video, images, resumes, audio recordings, folders, data, text, and other types of works which may contain personally identifiable information (“User Content”) and to publish User Content on the Platform and its Sub-Platforms. You retain the copyright and any other proprietary rights that you may hold in the User Content that you upload to the Platform and its Sub-Platforms. You agree that we are not responsible or liable for any User Content that you share on the Platform and its Sub-Platforms, either on your behalf or on behalf of any other person in any manner whatsoever.
- i. Limited License Grant to the SDN BHD:
By posting or publishing User Content, you grant us a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in connection with providing and improving the Platform and its Sub-Platforms, understanding use trends, and generating analytics relating to the Platform and its Sub-Platforms and our business.
- ii. User Content Representations and Warranties:
You are solely responsible for your User Content and the consequences of posting or publishing such User Content. By posting or publishing any User Content, you affirm, represent, and warrant that:
- a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and Users of the Platform and its Sub-Platforms to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by us, the Platform and its Sub-Platforms, and these Terms; and
- b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not:
- i. infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or
- ii. cause us to violate any applicable law or regulation.
- iii. User Content Disclaimer:
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content or any violation of the applicable intellectual property, confidentiality, privacy laws. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Platform and its Sub-Platforms, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to any User Content. We expressly disclaim any and all liability in connection with all the User Content. If notified by a User or content owner that User Content allegedly does not conform to these Terms or violates any other applicable law, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice or take any other action as deemed appropriate by us at our discretion. For clarity, we do not permit copyright-infringing activities or any activity which violates any applicable law on the Platform and its Sub-Platforms.
- 10. Ownership of Intellectual Property.
The Platform and its Sub-Platforms and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform and its Sub-Platforms are owned by the SDN BHD and its affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained in this section shall be deemed to grant you any right to any intellectual property contained in or available on the Platform and its Sub-Platforms.
The SDN BHD respects copyrights, and we prohibit Users from submitting or transmitting any content or details through the Platform and its Sub-Platforms that violate another person’s or entity’s proprietary rights.
If you believe that the Platform or its Sub-Platforms contains elements that infringe your intellectual property rights from your work, please notify the SDN BHD immediately. If we receive any intellectual property right infringement claim notification, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
All material on this Platform and its Sub-Platforms, including but not limited to audio, video, images, photographs, software, text, icons and such like (the “Platform Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the Platform Content, except as specified herein.
There may be proprietary logos, service marks and trademarks found on the Platform or its Sub-Platforms whether owned/used by us or otherwise. By displaying them on the Platform or its Sub-Platforms, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Platform Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform and its Sub-Platforms (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Platform and its Sub-Platforms are our property or our third-party licensors. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.
You may choose to, or we may invite you or any third party to submit or you may submit or take part in chats, testimonials, blogs, photographs, content, whitepapers, comments, newsletters, reviews, ratings about the Features, including without limitation about how to improve the Features of the Platform and its Sub-Platforms (“Feedback”) on the contact form available on the Platform. If you choose to provide such Feedback regarding problems with or proposed modifications or improvements to the Platform and its Sub-Platforms then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and its Sub-Platforms and create other products, features and services. By submitting such Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation to maintain the secrecy of such Feedback, and that we are free to use the Feedback, without any additional compensation to you, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the SDN BHD does not waive any right to use similar or related ideas previously known to us or developed by its employees or obtained from sources other than you.
In case you wish to submit any oral Feedback or raise a complaint, please write to Support@gokardz.com
- 11. Chat Rooms and Blogs.
The Platform and its Sub-Platforms may provide a chat room facility or a blog or other similar facilities, where the Users can chat, post and share photos or videos with each other, comment, create groups, pages, marketplaces with the ability to buy and sell product and/or services. The Users shall ensure that the content of chats is not obscene, offensive, indecent, inaccurate, misleading, or otherwise objectionable. The SDN BHD reserves the right to verify the images/videos shared on the chat periodically to ensure that the chat room facility is not misused. In the event any such misuse of the chat room facility comes to the notice of the SDN BHD, the SDN BHD may take appropriate action regarding the same, including but not limited to deactivation of the User Account of the User(s) found to be indulging in such activities.
- 12. Confidentiality.
Confidential information, for the purpose of these Terms, shall mean the information including but not limited to the Features, functionalities, processes, data and information regarding the Platform and its Sub-Platforms, or other information of a confidential nature disclosed by one party to the other party under these Terms, in any form (“Confidential Information”). Confidential Information shall, however, exclude any information which (i) is/was publicly known or comes into public domain; (ii) is received by the receiving party from a third party, without breach of these Terms; (iii) was already in the possession of receiving party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (iv) is permitted for disclosure by the disclosing party in writing; (v) independently developed by the receiving party without the use of Confidential Information; or (vi) is required to be disclosed by the receiving party pursuant to any order or requirement from a court, administrative or governmental agency. The receiving party agrees not to use any Confidential Information for any purpose except as stated in these Terms.
- 13. Prohibited Conduct.
BY USING THE PLATFORM AND ITS SUB-PLATFORMS YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES:
- i. Violating laws and rights:
- a. use the Platform and its Sub-Platforms for any illegal purpose or in violation of any local, state, national, or international law;
- b. violate, or encourage other Users or any other person to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property, confidentiality or privacy right;
- c. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- d. circumvent or disable any content protection system or digital rights management technology used in connection with the Platform Content or the User Content;
- e. rebroadcast or transmit the Platform Content or User Content;
- f. modify the Platform and its Sub-Platforms in any manner, including but not limited to, by removing identification, copyright or other proprietary notices from the Platform Content or User Content, or by framing, mirroring, or utilizing similar techniques; or
- g. interfere with security-related features of the Platform and its Sub-Platforms, including by:
- i. disabling or circumventing features that prevent or limit use or copying of any content; or
- ii. reverse engineering or otherwise attempting to discover the source code of any portion of the Platform and its Sub-Platforms except to the extent that the activity is expressly permitted by applicable law;
- iii. interfere with the operation of the Platform and its Sub-Platforms or any User’s enjoyment of the Platform and its Sub-Platforms, including by:
- - uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
- - making any unsolicited offer or advertisement to another User of the Platform or its Sub-Platforms;
- - attempting to collect personal information about another User or third party; or
- - interfering with or disrupting any network, equipment, or server connected to or used to provide the Features and/or Services through the Platform and its Sub-Platforms, or violating any regulation, policy, or procedure of any such network, equipment, or server; perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other User Account without permission, or falsifying your age or date of birth; sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Material; or attempt to do any of the acts described in this Section 13, or assist or permit any person in engaging in any of the acts described in this Section 13.
You may not use the Platform and its Sub-Platforms, or any information provided through the Platform and its Sub-Platforms for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
You may not use the Platform and its Sub-Platforms in any manner that could disable, overburden, damage, or impair the Platform and its Sub-Platforms, or interfere with any other User’s use and enjoyment of the Platform and its Sub-Platforms; including but not limited by:
- a. uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or
- b. interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform and its Sub-Platforms, or violating any regulation, policy, or procedure of any network, equipment, or server, or
- c. modifying, merging, revising or enhancing the Platform and its Sub-Platforms in any way, or
- d. decompiling, disassembling, reverse engineering the Platform and its Sub-Platforms in any manner whatsoever.
You may not share or transmit content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or which incite the commission of an illegal or violent act.
- v. Impersonation or unauthorized access:
You will not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Platform and its Sub-Platforms.
You will not use or attempt to use any other person or entity’s information, personal or otherwise; and you will not attempt to gain unauthorized access to the Platform and its Sub-Platforms, through hacking, password mining or any other means.
- vi. Developing competing offerings:
You will not use the Platform and its Sub-Platforms to develop any competing platforms, applications, websites or products which are similar or substantially similar to the Platform or any of its Sub-Platforms.
You understand and acknowledge that if you indulge in any of the prohibited conduct stated above, and it is brought to our notice, we may terminate your User Account, the right to use the Platform and its Sub-Platforms and the Features and take any other corrective action as we deem fit.
In the event you are at the receiving end of any offensive content or are the victim of any such action of any other User, you are encouraged to report such content or conduct to us. We may delete such offensive content and take any other corrective action as it deems fit.
- 14. Third-Party Services and Linked Websites.
We may provide tools through the Platform and its Sub-Platforms that enable you to export information, including your User Content, to third party services, including Features that allow you to link your User Account with an account on the third party service, such as Google, LinkedIn, Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information including User Content.
Certain content available on the Platform and its Sub-Platforms may include materials from third parties. Third party links on this Platform and its Sub-Platforms may direct you to third party websites that are not affiliated with us. You agree and acknowledge that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings or interactions with any third-party organisation or individual through the Platform and its Sub-Platforms. In the event that you have a dispute with one or more other third -party organisations or individuals, you hereby release the SDN BHD, its partners, officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Platform and its Sub-Platforms.
- 15. Termination of Use; Discontinuation and Modification of the Platform.
You may terminate your User Account at any time through your User Account settings or preferences page. Your right to access and use the Platform and its Sub-Platforms terminates automatically upon your material breach of these Terms. In addition, we may at our sole discretion terminate your User Account on the Platform or suspend or terminate your access to the Platform and its Sub-Platforms at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Platform and any of its Sub-Platforms at any time (including by limiting or discontinuing certain Features and/or Services of the Platform), temporarily or permanently, without intimating the same to you. We will have no liability whatsoever on account of any change to the Platform and its Sub-Platforms or any suspension or termination of your User Account or your access to or use of the Platform and its Sub-Platforms.
- 16. Additional Terms.
Your use of the Platform and its Sub-Platforms is subject to all additional terms, policies, rules, or guidelines applicable to the Platform and its Sub-Platforms or certain Features and/or Services of the Platform and its Sub-Platforms that we may post on or link to from the Platform and its Sub-Platforms (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular Feature or Service or content on the Platform and its Sub-Platforms, subject to Section 17. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- 17. Modification of these Terms.
We reserve the right, at our discretion, to change or modify these Terms at any time, without notice to you. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Platform and its Sub-Platforms. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your continued use of the Platform and its Sub-Platforms after such change or modification shall be deemed to be your acceptance of the revised Terms.
- 18. Indemnity.
You are responsible for your use of the Platform and its Sub-Platforms and User Account, and you will defend, indemnify and hold harmless us and our officers, partners, employees, consultants, affiliates, subsidiaries and agents (together, the “SDN BHD Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
- i. your access to, use of, or alleged use of, the Platform and its Sub-Platforms or the Features and/or Services on the Platform and its Sub-Platforms;
- ii. your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
- iii. your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;
- iv. any dispute or issue between you and any third party;
- v. Features or Services available on the Platform and its Sub-Platforms;
- vi. use, accuracy and correctness of User Content or the Platform and its Sub-Platforms Content;
- vii. third party information that User submits or shares through the Platform and its Sub-Platforms;
- ix. User’s violation of rights of another User; or
- x. Any transaction (present and subsequent) between you and the SDN BHD or any third-party advertisers.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.
- 19. Disclaimers; No Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND ITS SUB-PLATFORMS AND THE FEATURES AND/OR SERVICES OR USER CONTENT PROVIDED THROUGH IT IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND ITS SUB-PLATFORMS AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SDN BHD, ITS OFFICERS, PARTNERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND ITS SUB-PLATFORMS, THE FEATURES, THE SERVICES AND YOUR USE THEREOF. THE SDN BHD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE FEATURES AND/OR SERVICES OR ANY USER CONTENT OR ANY INFORMATION PROVIDED OR THE PLATFORM'S CONTENT OR THE DATA SHARED BY OR THE CONTENT OF ANY THIRD PARTY LINKED TO THE PLATFORM AND ITS SUB-PLATFORMS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND ITS SUB-PLATFORMS, THE FEATURES AND THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM AND ITS SUB-PLATFORMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM AND ITS SUB-PLATFORMS BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FEATURES AND/OR SERVICES DISPLAYED, DELIVERED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AND ITS SUB-PLATFORMS OR THE FEATURES AND/OR THE SERVICES OR ANY USER CONTENT. THE SDN BHD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM AND ITS SUB-PLATFORMS OR ANY HYPERLINKED PLATFORM AND ITS SUB-PLATFORMS OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE SDN BHD SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY MERCHANTS OR ADVERTISERS. WE VALUE USER CONTENT AND THIRD PARTY INFORMATION, AND PROTECT IT ON THE PLATFORM AGAINST LOSS, MISUSE OR ALTERATION BY TAKING EXTENSIVE SECURITY MEASURES. ALTHOUGH WE PROVIDE APPROPRIATE FIREWALLS AND PROTECTIONS, WE CANNOT WARRANT THE SECURITY OF ANY USER CONTENT TRANSMITTED AS THESE SYSTEMS ARE NOT HACK PROOF. DATA PILFERAGE DUE TO UNAUTHORIZED HACKING, VIRUS ATTACKS, TECHNICAL ISSUES IS POSSIBLE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR IT. YOU ARE REQUIRED TO BE CAREFUL TO AVOID “PHISHING” SCAMS, WHERE SOMEONE MAY SEND YOU AN E-MAIL THAT LOOKS LIKE IT IS FROM US ASKING FOR YOUR PERSONAL INFORMATION.
- 20. Limitation of Liability.
IN NO EVENT SHALL THE SDN BHD, ITS OFFICERS, PARTNERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE SDN BHD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM AND ITS SUB-PLATFORMS OR THE INFORMATION PROVIDED THROUGH IT, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM AND ITS SUB-PLATFORMS OR THE FEATURES AND/OR THE SERVICES OR USER CONTENT OR PRIVACY OF THE USER, FROM INABILITY TO USE THE PLATFORM AND ITS SUB-PLATFORMS OR THE FEATURES AND/OR SERVICES OR USER CONTENT, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM AND ITS SUB-PLATFORMS OR THE FEATURES AND/OR THE SERVICES PROVIDED THROUGH IT. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM AND ITS SUB-PLATFORMS OR THE SERVICES OR ANY LINKS ON THE PLATFORM AND ITS SUB-PLATFORMS, AS WELL AS BY REASON OF ANY FEATURES OR SERVICES, DESCRIPTION OF FEATURES OR SERVICES RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM AND ITS SUB-PLATFORMS OR ANY INFORMATION OR LINKS ON THE PLATFORM AND ITS SUB-PLATFORMS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE SDN BHD SHALL NOT BE LIABLE FOR USER AND CUSTOMER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR CUSTOMER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM AND ITS SUB-PLATFORMS IS FACILITATED, CONTROLLED AND OFFERED BY THE SDN BHD FROM ITS FACILITIES IN INDIA. THE FORGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SDN BHD AND THE SDN BHD ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM AND ITS SUB-PLATFORMS OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO EITHER (I) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE PLATFORM AND ITS SUB-PLATFORMS IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (II) US$100 OR AN EQUIVALENT CURRENCY OF THE COUNTRY OF CLAIM, WHICHEVER IS LOWER.
- 21. Governing Law and Dispute Resolution.
These Terms are governed by the laws of the Republic of India without regard to conflict of law principles. The acceptance of the Terms shall be deemed to have been given at India. Any dispute arising out of these Terms shall be resolved through arbitration. The arbitration will be conducted in Mumbai in English language, in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the rules thereto, by a sole arbitrator who shall be appointed by the SDN BHD and the award made in pursuance thereof shall be binding on the parties. Subject to the arbitration provisions, you agree that the courts in Mumbai, India shall have an exclusive jurisdiction over any disputes.
- 22. General.
- 23. Consent to Electronic Communications.
- 24. Contact Information.
The Platform and its Sub-Platforms is hosted by the SDN BHD, located at Unit-18/08, Tower B, The Vertical Business Suites, Jalan Kerinchi, W.P KL, 59200 Malaysia. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
- 25. No Agency Relationship:
You agree that no joint venture, employment, or agency relationship exists between you and the SDN BHD as a result of these Terms or due to your use of the Platform and its Sub-Platforms or any of its Features.
- 26. Electronic Record:
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- 27. Your commitments:
By signing up you are confirming that you’re more than 13 years of age or having minimum legal age in your country.
The Terms were last modified on 25 September, 2022.