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App Terms of Use  
(Mobile App)

Effective Date: 22 May 2024

1.               Introduction

1.1           These Terms of Use (this “Agreement”) is a binding agreement between you and MISHU Sdn. Bhd. (Registration No. 202001002122 (1358441-X)) (hereinafter referred to as “MISHU”, “we”, “us” or “our”, as the case may be).

1.2           This Agreement governs and regulates your access to and use of services, products, online facilities, tools, functions, features or any Content (as defined in Clause 6.2) made available by us through our mobile application and other online platforms owned,
managed and/or operated by us
 (“Platform”). 

1.3      Please read and understand this Agreement carefully before using or continuing to use the Platform as it contains important information regarding your legal rights and remedies. If you do not accept this Agreement, you shall not use the
Platform.

1.4           This Agreement should be read in conjunction with our Privacy Policy and Terms of Business.

1.5           The Platform is not available to individuals under the age of eighteen (18) or those who are prohibited from entering into contractual relationships with us for any reason whatsoever.

2.            Your Acceptance of this Agreement

2.1           By connecting to and accessing or using the Platform, you:

2.1.1       acknowledge that you have read and understood this Agreement;

2.1.2       represent that you are of legal age to enter into a binding agreement; and

2.1.3       accept this Agreement and agree that you are legally bound by its terms.

2.2       We reserve the right, in our sole and absolute discretion, to modify, vary, amend, change and/or update this Agreement, and any policies or agreements which are incorporated herein at any time as we deem fit and with reasonable notice to you (for example, by posting an update on the Platform, or by emailing the updated Agreement to you). Such modifications, variations, amendments, changes and/or updates to this Agreement shall be effective upon the posting of an updated version on the Platform. You agree that it shall be your responsibility to review this Agreement regularly to ensure your understanding of this Agreement is current and you understand the terms and conditions that apply to your connection and access to, and use of, the Platform.

2.3       Your non-termination or continued access to the Platform after the effective date of any modifications, variations, amendments, changes and/or updates constitutes your acceptance of, and agreement to be bound by, the revised Agreement.

2.4        If you do not agree to this Agreement or with any subsequent modifications, variations, amendments, changes and/or updates, you must not connect to and access or use the Platform. If you have any questions regarding this Agreement, please consult a professional lawyer.

3.               Representations and Warranties

3.1           By using the Platform, you expressly represent and warrant that (a) you are legally entitled to accept and agree to this Agreement; (b) you are at least eighteen (18) years old; (c) you have not previously been suspended or removed from the Platform; and (d) your registration of the User Account and your use of the Platform are in compliance with all applicable laws and regulations. You further represent and warrant that you have the right, authority and capacity to use the Platform.

3.2           You confirm that all the personal data and contact details in relation to your identity is accurate, up to date, not misleading, and complete at all times.

3.3           You agree to provide us with all required documentation or information upon request for us to comply with our internal policies, any applicable laws or guidelines or for any other reason as we may consider necessary or desirable from time to time.

3.4            You further represent and warrant that, in the event you are the authorised representative of an individual, partnership, agent, sole proprietor, company or entity, you (a) have obtained the lawful authority via written authorisation or consent from such individual, partnership, agent, sole proprietor, company or entity; and (b) agree to be bound by this Agreement on behalf of that individual, partnership, agent, sole proprietor, company or entity. You agree not to impersonate or represent intentionally or unintentionally, in any way whatsoever, any third-party, individual, partnership, agent, sole proprietor, company or entity without lawful authority; or otherwise provide, submit or present any false and/or misleading information to MISHU.

3.5            If, after your electronic acceptance of this Agreement, we find that you do not have the legal authority to bind such individual, partnership, agent, sole proprietor, company or entity, you will be personally responsible for the obligations contained in this Agreement. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right to but shall not be obligated to require additional authentication from you.

4.               User Account

4.1      Some of the features or services made available on or through the Platform may require you to create and sign up an account (“User Account”) with us. The User Account facilitates the administration of your company or companies and your access to the services on the Platform.

4.2            You agree to keep your account information accurate, up to date, not misleading and complete at all times. If we have reason to believe that your account information is untrue, inaccurate, out of date, misleading or incomplete, we reserve the right, in our sole and absolute discretion, to suspend or terminate your User Account by giving you a notice in writing to the email address you maintained in your User Account.

4.3            You should take all necessary steps to ensure that your user ID and password for the User Account are kept confidential and secure at all times from third parties, including but not limited to, not disclosing or cause to be disclosed your user ID and password through any means, and by restricting access to any device(s) linked to your use of the Platform, such as computers, laptops and any mobile device owned by you or any third party. You should inform us immediately if you have any reason to believe that your user ID or password for the User Account
has become inadvertently known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

4.4            You are responsible for all activities that occur under your User Account, regardless of whether you are the one who undertakes such activities. This includes any unauthorised access to and/or use of your User Account.

4.5            In relation to the User Account, you agree that:

4.5.1       you will not permit or enable third parties to use your User Account;

4.5.2       you will not assign, transfer or otherwise render accessible your User Account to any other person;

4.5.3       you will not use the User Account of a third party to access the Platform;

4.5.4       you will provide MISHU with proof of identity as it may reasonably request or require; and

4.5.5     you undertake the responsibility to maintain and update your information in a timely mannerto keep it accurate, current and complete at all times prior to termination of your User Account for any reason.

4.6            If we have reason to believe that there is likely to be a breach of security, unauthorised use of your User Account or misuse of the Platform, we may require you to change the password of your User Account or we may suspend your User Account pending investigation. You shall release and hold us harmless from any and all claims and causes of action arising out of or resulting from the suspension of your User Account or any unauthorised use of your User Account.

4.7            We expressly reserve the right to deny, cancel, terminate, suspend, lock or modify access to (or control of) any User Account or services for any reason (as determined by us, in our sole and absolute discretion), including but not limited to the following:

4.7.1       to rectify any errors or mistakes made by us in the offering or delivery of any services;

4.7.2       to protect the integrity and stability of our partners’ services, and to correct mistakes made by our partners;

4.7.3       to assist in detecting and preventing fraud and abuse;

4.7.4       to comply with any applicable local, state, national and international laws, rules and regulations;

4.7.5       to comply with any court orders against you and requests from law enforcement agencies, including subpoenas;

4.7.6       to comply with any dispute resolution process;

4.7.7       to defend any legal action or threatened legal action regardless of whether such legal action or threatened legal action is eventually determined to be with or without merit; and/or

4.7.8       to avoid any civil or criminal liability on the part of us, our officers, directors, employees, agents and affiliates, including but not limited to instances where you have sued or threatened to sue us.

4.8            We expressly reserve the right to review every User Account for excessive space and bandwidth utilisation. In the event that the User Accounts exceed the permissible levels,  we reserve the right to terminate any User Account or impose additional fees.

5.              Your Use of the Platform

5.1            You agree that you shall only use the Platform for lawful purposes and shall comply with all relevant legislation when using the Platform.

5.2            You must not do or attempt to do anything: (a) that is unlawful; (b) prohibited by any laws applicable to the Platform; (c) which we would
consider inappropriate; or (d) which might bring us or the Platform into disrepute, including but not limited to the following:

5.2.1       using the Platform in any way that breaches any applicable local, national or international laws or regulations;

5.2.2       using the Platform to store any materials which is prohibited by law;

5.2.3       using the Platform in any way that is or may be damaging to the Platform, including hacking or trying to steal other users’
information (including User Data, user ID and password) from the Platform;

5.2.4       tampering with or modifying the Platform, knowingly transmitting viruses, trojan horses, worms, timebombs, keystroke loggers,
spyware or other disabling features or carrying out any piracy or programming routines that will adversely affect or interfere the operation of, or damaging the Platform;

5.2.5       using any robot, spider, other automatic device, or manual process to monitor materials available through the Platform;

5.2.6       using the Platform in any way that interferes with any user’s access to the Platform;

5.2.7       using the Platform to conduct fraudulent activities such as phishing and financial scams;

5.2.8       using the Platform contrary to applicable laws and regulations, or in any way which may cause harm to the Platform, or to any
person or business entity;

5.2.9       engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Platform or data
regarding other users, including e-mail addresses, without our consent;

5.2.10     anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

5.2.11     using the Platform to defame, harass, threaten, menace or offend any person;

5.2.12  using the Platform to send unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

5.2.13     using the Platform to engage in any advertising or marketing activities which have not otherwise obtained our prior written consent;

5.2.14     modifying, copying, adapting, reproducing, making derivative works of, dissecting, decompiling, disassembling, reverse compiling or reverse engineering any part of the Platform;

5.2.15     deriving or determining or attempting to derive or determine the source code (or algorithms, structure or organisation) of any software underlying the Platform;

5.2.16     interfering with, disrupting, or creating an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such servers or networks;

5.2.17     attempting to gain unauthorised access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining, hacking or any other illegitimate means;

5.2.18     accessing the Platform in order to build a similar or competitive application, product, or service;

5.2.19     using software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and only to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);

5.2.20   altering headers and/or identifiers with the intent to conceal or misrepresent the true source of any message or communication that you send to MISHU through the Platform; and/or

5.2.21     instructing, authorising, facilitating or assisting a third-party to do any of the above acts.

5.3            Certain areas of the Platform are restricted from being accessed by you and we may further restrict access by you to any areas of the
Platform, at any time and from time to time, at our absolute discretion.

5.4            You are prohibited from using the Platform (including the Content) in any way that competes with our business.

6.               Intellectual Property Rights

6.1            For the purposes of this Clause 6, Intellectual Property Rights” means all applicable rights, title, interests and benefits including, without limitation, patents, copyrights, trademarks, trade secrets, trade names, know-how, logos, inventions, registered and unregistered design rights, technology, databases, database rights and all other similar intellectual property rights.

6.2            Except for the User Data (as defined in Clause 7.1.2) or unless otherwise indicated, we and/ or our licensors shall hold and own all Intellectual Property Rights on the Platform, including but not limited to the texts, graphics, user interfaces, logos, icons, images, documentations, audios,
videos, software, page layout, underlying code, data compilations, materials and any other form of information capable of being stored in a computer that contained in or published on the Platform (collectively, “Platform IP”).

6.3            Subject to your complete and ongoing compliance with all the terms and conditions of this Agreement, MISHU hereby grants to you a limited, personal, restricted, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Platform IP in accordance with this Agreement. Any use other than in accordance with this Agreement is prohibited, unless with our prior written consent.

6.4            Such license to use the Platform IP does not confer any rights on you to: 

6.4.1       copy, in whole or in part, any Platform IP;

6.4.2       reproduce, retransmit, distribute, disseminate, sell, resell, publish, republish, broadcast, circulate or deal with any Platform IP using any means whatsoever without the prior written consent from MISHU; and

6.4.3       breach any Intellectual Property Rights related to the Platform IP, including (without limitation) altering or modifying any of the Platform IP, causing any of the Platform IP to be framed or embedded in other website or platform, or creating derivative works from the Platform IP.

6.5       You may view and temporarily store materials from the Platform within your browser’s cache for the sole purpose of enhancing your browsing experience.

7.              User Data

7.1           For the purposes of this Clause 7:

7.1.1       Representative
means your representative, including but not limited to an accountant, tax
agent, auditor, lawyer, accounting, taxation, audit or legal firm, or other
third party, to whom you provide (or for whom you authorise MISHU to provide)
access to the User Data for the purposes of providing to you professional
services.

7.1.2       User Data
means any text, information, data, comments, feedbacks, testimonials, reviews,
suggestions, materials, images, or other content you provide to us using the
Platform or submit, enter into, load, or post to the Platform, and all results
from processing such text, information, data, comments, feedbacks, testimonials,
reviews, suggestions, materials, images, or content.
 

7.2           You represent and warrant that: (a) you either own the User Data or possess the necessary rights to grant the licenses in relation to the User Data under this Agreement, and (b) the User Data provided by you under this Agreement will not violate any Intellectual Property Rights of any third party and the use by MISHU of the User Data as licensed herein does not and will not violate or infringe upon such rights. In the event of a breach of this warranty, you agree to indemnify us for any losses or damages that we suffer as a result of the breach of the aforementioned warranty.

7.3           You undertake that you will not provide any User Data that contains profanity, pornography, abusive language, computer viruses or malwares that could affect or interfere the operation of the Platform, or constitutes harassment of any party, violation of any applicable laws and/ or rights of others and an advertisement for other products or services other than those of MISHU.

7.4           You hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish, distribute and exploit the User Data in any form, medium, or manner, as and when we deem fit and necessary for providing our services to you, subject to our commitments and obligations stated in our Privacy Policy.

7.5           You have the sole responsibility for the accuracy, appropriateness and completeness of all User Data. MISHU will treat the User Data that you have provided through the Platform as true for all purposes and shall not be responsible for reviewing, validating or otherwise confirming the accuracy, appropriateness or completeness of the User Data.

7.6           At your request and/ or consent and subject to your payment of any applicable fees, MISHU will use reasonable efforts to make certain User Data available to the Representative(s). You hereby authorise MISHU to disclose such User Data to any Representative to whom you authorise and/ or instruct.

7.7           MISHU does not control how any Representative uses the User Data and has no responsibility over the User Data that is provided to a Representative. Notwithstanding the foregoing, MISHU reserves the right to decline to transmit the User Data to a specific Representative if MISHU believes that such transmission would violate this Agreement or any applicable laws (in which case MISHU will use reasonable efforts to promptly notify you of such decision). Representatives acknowledge that MISHU is merely acting as a passive conduit for such distribution and takes no responsibility for any User Data. MISHU makes no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility or liability for, the quality, content, nature or reliability for any User Data.

7.8           We retain the sole and absolute discretion to remove any User Data from the Platform for any reason that we deem appropriate.

8.               Collection, Use and Disclosure of Your Information

8.1            You acknowledge that when you access and use the Platform, we may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the Platform. You may also be required to provide certain information about yourself as a condition to accessing and using the Platform or certain of its features or functionality. All information we collect through or in connection with the Platform are subject to our Privacy Policy.

8.2            Certain products, services or functionalities made available via the Platform are and may be delivered by third party sites and organisations. In connection thereof, we may disclose your and/ or your affiliate’s personal data (including sensitive personal data) to such third party with whom MISHU has a contractual relationship with to provide the requested product, service or functionality to you. You hereby consent to the disclosure of such data to the third party for the aforementioned purposes. In the event that the consent, authorisation or permission of any of your affiliate is required to the disclosure of its personal data (including sensitive personal data) to any third party, such consent, authorisation or permission is deemed to have been obtained by you unless communicated otherwise to us.

9.               Updates and User Data Backup

9.1            You acknowledge and agree that the Platform may become inaccessible or inoperable at any time, for any reason including but not limited to equipment malfunctions, schedule downtime for maintenance, upgrades, updates, repairs or replacements, which we may undertake from time to time at our sole discretion.

9.2            MISHU is not responsible for performing, and is not liable for any failure to perform, any back-up of any data (including User Data) provided, transmitted, processed, or stored by you in or through the Platform. It is your responsibility to back up onto your own local system all User Data, including all data and records that you submit to us.

9.3            We may, from time to time, modify or delete certain features or functionalities on the Platform, either in whole or in part. You acknowledge and agree that MISHU shall have no obligation to provide or maintain specific features or functionalities through or on the Platform, and shall not be liable to you for any losses or damages that you may suffer as a result of such modifications or deletions.

10.           Third-Party Materials

10.1        The Platform may use, display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party
Materials
”).

10.2        You acknowledge and agree that we do not control and are not responsible for the Third-Party Materials, including but not limited to their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The inclusion of Third-Party Materials on the Platform does not imply any endorsement by MISHU of the Third-Party Materials or those in control of them.

10.3        Third-Party Materials and links thereto are provided solely as a convenience to you. You access and use them entirely at your own risk and subject to such third parties’ terms and conditions. We do not assume responsibility and will not have any liability to you or any other person or entity in respect of any Third-Party Materials.

10.4        Except for the Third-Party Materials, there might be third-party websites providing information that are linked to the Platform. While some of this information originates from official MISHU licensors, a significant portion is provided by unofficial or unaffiliated entities, both internal and external to MISHU. It is important to note that MISHU neither authors, creates, modifies nor oversees these unofficial pages or links. You acknowledge and agree that MISHU shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, services, advertisements or other materials available on such third-party websites.

11.           Third-Party Interactions

11.1        During your use of the Platform, you may enter into correspondences, trades and/ or any other transactions with any third-party service providers through the Platform, and you acknowledge that any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely conducted and/ or entered into between you and the third-party.

11.2        MISHU and its affiliates and/ or licensors shall have no liability, obligation or responsibility for any such correspondences, trades and/ or transactions between you and any such third-party.

11.3        MISHU does not endorse any applications or sites on the Internet that are linked through the Platform, and in no event shall MISHU and its affiliates and/ or licensors be responsible for any content, products, services or other materials on or available from such sites or third-party service providers.

11.4        MISHU provides the services made available on the Platform to you pursuant to this Agreement. You recognise, however, that certain third-party merchants or service providers, products and/ or services may require your agreement to additional and/ or different terms of service
prior to your use of or access to such products or services, and MISHU is not a party to any agreement relating to such use and access, and we disclaim any and all responsibility and/ or liability arising from such agreements between you and the third-party service providers.

12.           Third Party Software and Application Programming Interface (“API”)

12.1        When providing services on the Platform, we may use third-party software and APIs. We do not guarantee the reliability of such third-party software or APIs, and further we do not warrant their compatibility or ongoing compatibility with the Platform. You acknowledge and agree that we are not liable for any loss or damage whatsoever incurred or suffered by you arising out of your use of such third-party software or APIs.

12.2        These third-party software and APIs may be governed by their own terms of use and privacy policies. Your use of these software and
APIs will be subject to their respective terms of use and privacy policies.

13.           Terms and Termination

13.1        This Agreement shall remain in full force and effect whenever you access to or use the Platform, unless and until terminated by either party in accordance with the provisions of this Agreement.

13.2        You may terminate this Agreement by discontinuing your access to and use of the Platform.

13.3        In the event MISHU ceases to operate the Platform, this Agreement will be deemed terminated by MISHU without prior notice to you.  

13.4       If you breach any terms and conditions of this Agreement, MISHU shall be entitled to terminate this Agreement immediately and reserves the right to avail itself of all remedies available at law and in equity. Upon termination of this Agreement, all rights granted to you under this Agreement shall cease, and your access and use the Platform will be terminated immediately.

14.           Indemnity

14.1        You agree and undertake to indemnify, defend and hold harmless and keep indemnified, defended and held harmless MISHU and its affiliates,
as well as their respective licensors, officers, partners, directors, shareholders, employees, agents, representatives, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, demands, suits, proceedings, judgments, settlements, interests, awards, penalties, fines, costs and expenses (including all reasonable solicitors’ fees and expenses) of whatever nature, whether directly or indirectly suffered, sustained, incurred or paid by MISHU as a result of or arising out of: (a) your use or misuse of the Platform; (b) any breach of this Agreement by you or users of your User Account; (c) claims made by any third party due to a violation of third-party rights such as Intellectual Property Rights, publicity, or privacy rights, by you or users of your User Account; and/ or (d) any breach of applicable laws by you or users of your User Account.

15.           Disclaimer of Warranties

15.1        The Platform is provided to you on an “as is where is” basis and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, MISHU, on its behalf and on behalf of its affiliates, licensors and its service providers, expressly disclaims all:

15.1.1   conditions and warranties, whether express, implied, statutory or otherwise, with respect to the Platform including but not limited
to the commercial and non-commercial merchantability, quality, fitness for a particular purpose, title, and non-infringement;

15.1.2   representations, by any means, as to the availability, accessibility, uninterrupted access, operation, performance of the Platform o any other products or services accessed via the Platform;

15.1.3   warranties as to the reliability, accuracy, completeness, adequacy or validity of any information or material contained on the Platform (the “Content”);

15.1.4   warranties, undertakings or representations that the Platform will meet your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services, operate without any interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected; and

15.1.5   indemnification arising from course of dealing or course of performance in connection with this Agreement.

15.2        No advice or information, whether oral or written, obtained by you from the Platform or any materials or Content available through the Platform will create any warranty that is not expressly stated in this Agreement. You acknowledge that any advice or information obtained from the Platform and any materials or Content available through the Platform are not intended to be used as a professional, regulatory, legal or other advice, or as a substitute for your own professional advice.

15.3        You acknowledge and agree that you are solely responsible for all actions, inactions, and decisions related to the Content and your use of the Platform. MISHU and each party providing the Content expressly disclaim any and all liabilities to individuals or organisations in relation to any action(s) taken based on the currency or accuracy of the Content and any losses or damages suffered in connection with the Content. You hereby agree that MISHU has no liability or responsibility for any actions, inactions or decisions you undertake in relation to the Content.

15.4        Whilst we use reasonable efforts to ensure that the Platform is free from viruses and other malicious or harmful content, we assume no responsibility or liability for property damage of any nature whatsoever,resulting from your use of or access to the Platform (including any Content on it or any website accessible from it). Except if required by applicable law, we shall not be liable to you for any loss or damage, which you may suffer as a result of viruses or other malicious or harmful content, and  you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or the loss of data that results from the use of the Platform or the download or use of any Content.

16.           Limitation of Liability

16.1        In no event will MISHU and its affiliates, as well as their respective licensors, shareholders, members, directors, partners, officers, employees, attorneys, agents, representatives or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for exposure or loss of data or information, loss of revenue, profits or other business or financial benefit) arising out of or in connection with your use of the Platform, any performance or non-performance of the Platform, or any other product, service or other item provided by or on behalf of MISHU.

16.2        You agree that MISHU shall have no liability or responsibility for the deliberate or accidental deletion, failure to store, theft, misappropriation or loss, by any means, of any data due to your actions in using the Platform, including but not limited to your failure to apply strong password and failure to back up the User Data onto your own local system.

16.3        In the event that any limitation or exclusion of liability in this Agreement is not enforceable, to the maximum extent permitted by applicable law, the total liability of MISHU and its affiliates, as well as their respective licensors, shareholders, members, directors, partners, officers, employees, attorneys, agents, representatives or contractors for any claim arising out of or relating in any manner to the access and/ or use (or inability to access and/ or use) of the Platform is limited to Ringgit Malaysia One Hundred (RM100.00) only. We do not exclude liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law.

17.           Our Right to Investigate

17.1        We reserve the right in our sole discretion to investigate complaints, actual, potential or alleged violations of this Agreement or other agreements applicable to us and any actual, potential or alleged violations of applicable law, but we undertake no obligation to do so.

17.2        In connection with any such investigation, we may take any action as we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information relating to your profile, e-mail address, usage history, posted materials, IP addresses and traffic information to such parties.

17.3        We may, from time to time, undertake due diligence checks on the clients to which we provide ongoing services (including you). In the event that any of our checks result in the discovery of illegal or unethical activities, we reserve the right to terminate the provision of our services to you, your access to, or use of, the Platform, without further notice and without a refund.

18.           Force Majeure

18.1        You acknowledge and agree that we have no control over the availability of the Platform on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. We shall not be responsible or liable for the unavailability of the Platform and our failure to perform or delay in performing any services offered on the Platform, caused by or arising out of war, riots, rebellions, civil commotions, hostilities, strikes, sabotage, labour or industrial disputes; storms, typhoons, floods, droughts, fires, explosions, earthquakes or other acts of God; electrical, internet or telecommunication shortage or outage; interruption or failure of telecommunication or digital transmission links; hostile network attacks; network congestion; national, state, or local government restrictions or intervention; pandemics, epidemics, medical outbreaks or any other event that is beyond our reasonable control, whether foreseeable or not or whether similar to the foregoing or not (“Force Majeure Event”).

18.2        Where the access to the Platform are interrupted or we are unable to perform the services offered on the Platform for a continuous period of more than twenty one (21) days by reason of a Force Majeure Event, either party shall have the right to terminate this Agreement.

19.          Miscellaneous

19.1        Invalidity and Severability

If any provision of this Agreement is or may become illegal, void, invalid, prohibited or unenforceable under any written law, or is found by any court or administrative body of competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable, such provision shall be varied, changed or modified so as to make it legal, valid and enforceable to the maximum extent permitted by applicable law and the remaining provisions of this Agreement shall remain in full force and effect.

19.2        Assignment

You may ot assign, transfer or sub-contract any of your rights and obligations under this Agreement to any other person without our prior written consent. However, we may assign, transfer or sub-contract all or any of our rights and obligations under this Agreement at any time without your consent to (i) our subsidiary or related/affiliated company; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger.

19.3        Waiver

No waiver of any right under this Agreement shall be effective unless made in writing and duly signed by the parties. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. A waiver of a breach of a term in this Agreement does not operate as a waiver of another breach of the same term or any other term in this Agreement.

19.4        Equitable Remedies

You acknowledge that the rights granted, and obligations made under this Agreement to us are of a unique and irreplaceable nature, the loss of which shall cause irreparable harm to us, and which cannot be compensated by monetary damages alone. As such, we shall be entitled to obtain injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

19.5        Governing Law and Jurisdiction

This Agreement is governed by, and shall be construed in accordance with, the laws of Malaysia. The courts of Malaysia are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.

19.6        Entire Agreement

This Agreement, our Terms of Business and Privacy Policy constitute the entire agreement between you and MISHU with respect to the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Platform. For the avoidance of doubt, this Agreement creates no third-party beneficiary rights.

19.7        Electronic Communications

For contractual purposes, you consent to receiving communications from us in an electronic form via the last email address you have submitted to us and that any terms and conditions, agreements, policies, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing. Notice will be deemed given twenty-four (24) hours after the e-mail is sent to the last email address that you have provided to us, or the notice is posted on the Platform.

19.8        Copyright and Trademark Information

All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which owns the Marks.

19.9        Contact Us

If you wish to contact us, or if this Agreement requires you to give notice to us in writing, please use the chat feature available on the Platform. If you provide us with any feedback or suggestions ia Google review, you hereby assign to us all rights in such feedback and agree that we shall have the right to use and fully exploit such feedback and related information in any manner we deem appropriate. We will treat any feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

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Maya

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Maya

Selamat sejahtera, saya Maya, "AI Assistant" anda. Saya telah dilatih untuk menjawab sebarang soalan tentang perkhidmatan kami untuk memudahkan dan mempercepatkan urusan anda. Jangan ragu untuk bertanya kepada saya apa-apa!

Jangan risau, rakan sekerja saya akan membuat susulan selepas sembang kami untuk mengesahkan butiran penting dan menawarkan bantuan lanjut.

Mari kita mulakan. Bagaimana saya boleh membantu anda hari ini?