USE OF OUR SERVICES
As a condition of your use of our Services, you warrant that:-
- all information supplied by you is true, accurate, current and complete
- you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and
- you are 18 years of age or older in order to register for an account and contribute to our Services
- possess the legal authority to enter into this agreement and to use our Services in accordance with all terms and conditions herein.
If you are under the age of 18, you shall have obtained the necessary consent from a parent, guardian or person who has parental responsibility in order to use our Services.
You shall not in any way use the Application or submit to us or to the Application or to any user of the Application anything which in any respect:-
- is in breach of any law, statute, regulation of any applicable jurisdiction;
- is fraudulent, criminal or unlawful;
- is inaccurate or out-of-date;
- may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- impersonates any other person or body or misrepresents a relationship with any person or body;
- may infringe or breach any intellectual property rights (including but not limited to copyright and trade mark rights) or privacy or other rights of us or any third party;
- may be contrary to our interests;
- is contrary to any specific rule or requirement that we stipulate on the Application in relation to a particular part of the Application or the Application generally; or
- involves your use, delivery or transmission of any viruses, unsolicited emails, or trojan horses or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- any part of the Application;
- any equipment or network on which the Application is stored;
- any software used in the provision of the Application; or
- any equipment or network or software owned or used by any third party.
You assume sole responsibility for results obtained from the use of the App, and for conclusions drawn from such use. Subject to paragraphs 16, 32 and 33, we shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the App, or any actions taken by us at your direction.
You agree to comply at all times with any instructions for use of the Application, which we make from time to time.
USE OF OUR SERVICES BY MERCHANTS
You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, license to use any material, which you submit to us or the Application for the purpose of use on the Application or for generally marketing (by any means and in any media, including, but not limited to, on our Website or on our Application) your services.
AVAILABILITY OF THE APPLICATION, SECURITY & ACCURACY
We do not warrant that the Application will be compatible with all hardware and software, which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Application or your obtaining any material from, or as a result of using, the Application. We shall also not be liable for the actions of third parties.
We may change or update the Application and anything described in it without notice to you. If the need arises, we may suspend access to the Application, or close it indefinitely.
Whilst we endeavour to ensure that information and materials on the Application are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions.
Our Application is independent of any platform on which it is located. The Application is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google or Android (each being an "Operator”). Please take note that your download, installation, access to or use of the Application is also bound by the terms and conditions of the Operator.
The “OneLinkCard.com.my” and “OneLinkCard” names and logos and all related names, design marks and slogans are the trademarks or service marks of us and/or our licensors.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on the Application for commercial purposes without obtaining a license to do so from us or our licensors.
INFORMATION ABOUT YOU
We process information about you in accordance with our Privacy Notice, which is available on our website or mobile application. By using the Application, you consent to such processing and you warrant that all data provided by you is accurate.
THIRD PARTY WEBSITE
This Website and/or our Application may contain hyperlinks to websites or mobile applications operated by parties other than us. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the application and/or website may exist. Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
CONTENT POSTED BY MERCHANTS
You may post content, including photos, comments, links, and other materials on our Website and/or mobile application. Anything that you post or otherwise make available on our Website and/or mobile application is referred to as "Merchant Content." You shall retain all rights in, and are solely responsible for, the Merchant Content you post to our Website and/or mobile application. You may share the Merchant Content among other users of our Services.
You grant us and the users of our Services a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute yourMerchant Content on our Website and/or Mobile Application solely for the purposes of operating, developing, providing, and using our Services. Nothing in these Terms shall restrict other legal rights we may have to Merchant Content.
You may not post any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and we shall assume no responsibility or liability for this material. We may reject, refuse to post or delete any content for any or no reason, including, but not limited to, content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the Services for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor the Services, we nonetheless assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. You are solely responsible for the content that you post on, through or in connection with any of the Services, and any material or information that you transmit to others and for your interactions with other users.
The following are examples of the kind of content that is illegal or prohibited to post on, through or in connection with the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. Prohibited Content includes, but is not limited to, content that, in our sole discretion: (a) is offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) exploits people in a sexual or violent manner; (d) contains nudity, violence, or offensive subject matter or contains a link to an adult website; (e) solicits or is designed to solicit personal information from anyone under 13; (f) publicly posts information that poses or creates a privacy or security risk to any person; (g) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work; (i) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"; (j) contains restricted or password only access pages or hidden pages or images; (k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; (l) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (m) involves commercial activities and/or sales without prior written consent from us (n) includes a photograph or video of another person that you have posted without that person's consent; or (o) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or (p) violates reviews, comments or other content regarding any business that is (i) fake or defamatory, (ii) traded with other businesses, (iii) written by any owner, employee or other agent of the reviewed business, or (iv) for which you were compensated for writing, directly or indirectly, by the reviewed business, its affiliates or agents.
You agree to indemnify us and our subsidiaries, affiliates, officers, directors, employees and agents from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of our Services, any information posted by You or your breach of this Agreement. We shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
DISCLAIMER OF WARRANTY
We do not warrant that any of our Services will operate error-free or free of computer viruses or other harmful mechanisms from third party (ie. hacking and others). If your use of any of our Services or the content therein results in the need for servicing or replacing equipment or data or any other costs, we are not responsible for those costs. This website and our application content are provided on an "as is" basis without any warranties of any kind. We make no warranties about the accuracy, reliability, completeness, or timeliness of our content, services, software, text, graphics, and links.
LIMITATION OF LIABILITY
In no event shall we (or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers), be liable for any direct and/or non-direct damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from or arising under or in connection with services or the use or access to, or the inability to use or access, the website and application and/or any document and information.
- The appointing authority shall be Regional Centre for Arbitration in Kuala Lumpur ("KLRCA").
- The place of arbitration shall be in Malaysia at KLRCA.
- There shall be only one arbitrator. The parties to the Dispute shall jointly agree on the appointment of the arbitrator within thirty (30) calendar days following the giving of a notice by either party to the other party notifying the latter of the former's intention to proceed to arbitration. In the event the parties to the Dispute cannot agree on the nomination of an arbitrator, the arbitrator shall be appointed in accordance with the UNCITRAL Arbitration Rules.
- The language to be used in the arbitral proceedings shall be English.
- The parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.
By accessing this Website and our Application you agree to be governed by the laws of the Malaysia notwithstanding the jurisdiction where you are based. The place of performance shall be Malaysia.