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TERMS OF USE

Effective Date: 22 May 2024


Welcome to the MISHU Website

 

1.               
Introduction

1.1           
These Website Terms of Use
(this “Agreement”) is a binding agreement between you and MISHU Sdn.
Bhd. (Registration No. 202001002122 (1358441-X)) and its subsidiaries,
including MISHU Corporate Services Sdn. Bhd., MISHU Consulting Sdn. Bhd., MISHU
CA Sdn. Bhd., MISHU HR & Training Sdn. Bhd. and Prosper Innovation Sdn.
Bhd. (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 
website, 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 PolicyTerms of Business, and Refund Policy.

 

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 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.

 

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 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 of
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; (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; and/ or (d) any breach of
applicable laws by you.

 

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 or
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 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
not 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 ‘Contact Us’ feature
available on the Platform. If you provide us with any feedback or suggestions
via 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

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?