Terms of Use and Services
1.
General
These are the terms of use and services (“Terms”) of Javelin Edge Sdn Bhd (Company No:
1354026-A). The access to and use of this website and/or mobile application and/or the
services on this website and/or mobile application (collectively, the “Services”) are subject to
these Terms.
The Services are an online ecosystem that facilitates the proliferation of files.
By accessing and using the Services, you agree to comply with and be bound by these
Terms which shall be applicable to all Users of the Services. If you are using and accessing
the Services for and on behalf of a business entity, the term “you” in these Terms shall mean
the business entity in which you are representing in using the Services, unless the context
does not permit.
You are advised to read these Terms carefully as these affect your rights and liabilities under
applicable laws and regulations in Malaysia. If you do not agree to these Terms, you should
not use the Services.
2.
Key terms
The following terms shall have the following respective meanings:
(a)
“Account” means the user account registered by you via the Services for the purpose of accessing and using the Services.
(b)
“Intellectual Property Rights” means all intellectual property rights vested in or relating to the Services, including but not limited to copyright, trade marks, service marks, trade names, patents, designs, know-how, confidential information, and any other proprietary rights, whether registered or unregistered, and including all applications and rights to apply for registration thereof.
(c)
“Services” means the website, mobile application, online ecosystem, and all related services made available by Tlyport, including but not limited to the facilitation of opportunities for on-demand work for Users.
(d)
“Tlyport”, “we”, “us”, or “our” means Javelin Edge Sdn Bhd (Company No: 1354026-A) and its successors and assigns.
(e)
“Third-Party Websites and/or Social Media Platforms” means any websites, platforms, or online services owned, operated, or controlled by third parties that are accessible via links or references from the Services.
(f)
“User”, “you” , or “your” means any individual or business entity accessing or using the Services, including any person acting on behalf of such business entity, and where applicable, includes any person who has registered an Account.
(g)
“Personal Data Protection Notice” means Tlyport’s notice on the collection, use, processing, storage, and retention of personal data, as amended from time to time, a copy of which is accessible via the Services.
3.
Effect
3.1
We reserve our right to change, modify, add or remove these Terms or any part thereof, at any time. Changes will be effective when posted via the Services. You may determine when we last changed these Terms by referring to the ‘Last Updated’ statement above. We shall not be responsible for any damage suffered or sustained by you in connection with your failure to understand the amended Terms. Your continued access to and use of the Services following the posting of the amended Terms constitute your acceptance to abide and be bound by the amended Terms.
3.2
You shall comply with these Terms and shall be solely responsible for all loses and damages arising out of or in connection with your breach or failure to comply with these Terms.
4.
Right to use and restrictions
4.1
You are responsible for the access to and use of the Services, including obtaining the necessary data network access, even if the access is by another person.
4.2
You are accessing and using the Services at your own risk. We shall not be liable for any damage to, or viruses or other codes that may affect any hardware or device, software, data or other property as a result of your access to and use of the Services.
4.3
You may only access the Services using authorised means. It is your responsibility to check and ensure that you have downloaded and/or updated the correct software for the hardware and device for your access to and use of the Services. We do not guarantee that the Services, or any part thereof, will function as intended on any particular hardware or device. We are not liable if you do not have compatible hardware or a compatible device or if you have downloaded the wrong version of the software on your hardware or device.
4.4
You shall access and use the Services in accordance with any instructions for access to and use of the Services which we may make from time to time, these Terms and regulations at the time being in force in Malaysia.
4.5
You shall not:
(a)
impersonate any person or party or falsely declare, distort or misrepresent your affiliation with any person or party in connection with the Services, or express or imply that we endorse any statement you make;
(b)
in any way damage or disrupt the Services and/or the operation of the Services;
(c)
use the Services for any fraudulent, unauthorised or unlawful purpose;
(d)
deliberately and knowingly provide information or content that is false, misleading, inaccurate, illegal, threatening, obscene, hateful, libellous or defamatory;
(e)
use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation other’s privacy rights;
(f)
use the Services in a manner that may be contrary to our interests and/or the interest of other Users;
(g)
introduce or allow the introduction of computer viruses and/or other computer programming routines such as any viruses, malware, unsolicited e-mails, Trojan horses, trap doors, back doors, worms, time bombs or cancelbots that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, relating to or in connection with the Services;
(h)
reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;
(i)
modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services;
(j)
infringe upon any other person’s proprietary rights, or remove any copyright, trade mark or other proprietary rights notice from the Services or materials origination from the Services; and/or
(k)
use the Services in a manner that is in breach of any laws and regulations in Malaysia.
4.6
We reserve the right to:
(a)
check, vet and/or control any activity, content or information occurring on or through the Services;
(b)
investigate any infringement of these Terms and take any appropriate action thereafter;
(c)
restrict your access to and use of the Services if you violate any of the items stated in Clause 4.5 above; and/or
(d)
report any suspicious activity concerning the possible transgression of any applicable law or regulation to the appropriate authorities and to cooperate with such authorities.
4.7
Subject to your compliance with Clause 4.5, you are permitted to upload and share material, information and content in respect of your use of the Services.
4.8
You agree and acknowledge that you are solely responsible and liable for any material, information and content that you upload and share in respect of your use of the Services and any loss or damage which you or any third party suffer as a result of such material, information and content is solely your responsibility.
4.9
You agree and understand that we shall have the sole discretion to refuse, delete or remove any material, information and content that you have uploaded and shared via the Services, including but not limited to the following:
(a)
Where such material, information and/or content are in breach of these Terms or violate any law or regulation;
(b)
Where such material, information and/or content contain incomplete, false or inaccurate information about any other User or person;
(c)
Where we have received a complaint from other Users of the Services, which following an investigation by us, is found to be legitimate, well-founded and/or genuine; and/or
(d)
Where we have received a notice or complaint of infringement, which following an investigation by us, is found to be legitimate, well-founded and/or genuine.
5.
Availability
5.1
We endeavour to make the Services available twenty-four (24) hours a day, however we cannot be liable if for any reason the Services are unavailable for any time or for any period. We make no warranty or guarantee that your access to and use of the Services will be continuously uninterrupted or error-free.
5.2
Access to and use of the Services may be suspended or withdrawn temporarily or permanently at any time and without notice if such action is deemed necessary by us. We may temporarily suspend the provision of the Services due to repair, maintenance, checking, replacement, breakdown of communication facilities or introduction of new facilities and functions. We shall not be liable for any damages or losses that you may suffer or sustain as a result of temporary or permanent suspension of the Services.
6.
Confidentiality
Through your access to and use of the Services, you may be allowed to access or view information which is confidential in nature, whether or not such information is expressly stated to be confidential. Such information may pertain to us or to other parties. Where you are able to access or view such information, you warrant and represent that unless such disclosure is expressly provided for under these Terms, you will not and will not allow other parties to disclose or reproduce such information without the prior approval of the owner of such information provided always that you may disclose such information if: (a) such information is already in the public domain otherwise than by disclosure by you; (b) the information was lawfully obtained or available from a third party who is lawfully in possession of the same and is free to disclose it; or (c) the disclosure of such information is required by law.
7.
Account
7.1
By creating an Account, you represent and warrant that:
(a)
If you are under eighteen (18) years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible and liable for all your activities in respect of the use of the Services;
(b)
If you are a corporate User, the individual who creates and registers the Account on your behalf is the authorised representative of your corporation and that your corporate entity shall remain solely responsible for all activities of the Account;
(c)
You have accepted our Tlyport Personal Data Protection Notice; and(d)
You will comply with all applicable laws with respect to your activities in using the Services.
7.2
When you register for an Account, you will be required to create a username and password. You are solely responsible for keeping your login details secure and preventing any unauthorised person from using your Account. If your Account has been compromised, you must inform us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Account, we may require you to change your username or password, or we may suspend your Account without prior notice. We will not be liable for any misuse or unauthorised use of your Account due to your failure in keeping your login details secure and preventing unauthorised use of your Account.
7.3
You recognise that any access to and/or use of your Account, and any information, data or communications referable or traceable to your username and password shall be deemed to be (a) access to and/or use of your Account by you; or (b) information, data or communications posted, transmitted and validly issued by you. You agree to be bound by such access to and/or use of your Account and you agree that we are entitled to act upon and hold you responsible and liable for such action, as if carried out or transmitted by you. You also agree to indemnify us against any and all losses, attributable to any access to and/or use of your Account referable or traceable to your username and password.
7.4
You may be required to provide us with additional information or documentation from time to time for the purpose of confirming or verifying, including but not limited to, your identity, age, your card details or for such other purpose as may be deemed necessary.
7.5
Unless expressly permitted by Tlyport and subject to these Terms and any other terms as Tlyport determines, you shall not create multiple Accounts. You are prohibited from lending, transferring or selling your Account and must not use another person’s Account without their permission. You also agree and understand that we may, at our sole discretion, refuse to register any personal as a User.
7.6
You are allowed to delete your Account at any time. Deletion of your Account shall be subject to:
(a)
There not being any outstanding fees or amounts owing on the Account; and
(b)
There not being any outstanding resolutions to any disputes which may have arisen, or been lodged by any other party.
7.7
You agree and understand that you will lose all information related to your Account and use of the Services upon the suspension or deletion of your Account, however, deleting your Account does not guarantee the deletion or removal of all of the information that we possess in respect of your Account, as we may retain some of your information in accordance with our Personal Data Protection Notice.7.8
For avoidance of doubt, we reserve the right to:
(a)
Suspend or delete your Account and/or your access to or use of the Services at any time, for any breach of the Terms;
(b)
Suspend or delete your Account and/or your access to and/or use of the Services at any time, for any reason, and without any prior notice; and
(c)
Alter, limit, modify, suspend or discontinue your access to and/or use of the Services, or any part thereof, at any time for any reason and without any prior notice.
8.
Fees and charges
8.1
Before you proceed to make payment via the Services, you will be presented with a webpage pursuant to which you will be informed of the exact amount due and payable to us.
8.2
Payment via the Services may be made using only [FPX, credit card, debit card or Link].
8.3
Before completing a transaction, you will be presented with a confirmation screen pursuant to which you are required to verify the transaction details. It is your responsibility to confirm and verify that the details stated therein are accurate.
8.4
If your transaction is successful, you will receive the receipt of your payment via email. You may also download the receipt under your Account dashboard on the website and/or mobile application.
8.5
The information supplied by you in connection with your use of the Services is processed through a secure website and/or mobile application. However, you acknowledge and agree that internet transmissions cannot be guaranteed to be entirely secure or private and any information provided by you may be able to be read and/or intercepted by a third party. We shall not be liable for any interception and/or other unauthorised access to the information supplied by you in connection with your use of the Services.
8.6
You shall be responsible for paying any taxes, including sales and services tax, which may be applicable in your use of the Services. These taxes will be added to the fees charged to you, if applicable.
8.7
Unless otherwise stated, all fees and charges are quoted in United States Dollar (USD).
9.
Intellectual Property Rights
9.1
The Services contains copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos and graphics, and may in future include video, graphics, music and sound, which may be protected by Intellectual Property Rights.
9.2
Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring you or any third party any license or right, by implication, estoppel or otherwise, under any law, rule or regulation, including Intellectual Property Rights. You agree that all intellectual property appearing on the Services are the property of their respective owners. You shall not use, copy, transmit, publish, distribute or broadcast any works including but not limited to text, pictures, video and other content found on the Services without prior permission of the respective owners.
9.3
Notwithstanding and in addition to any applicable written law dealing with Intellectual Property Rights and infringements of such rights, any of the following shall be deemed unauthorised acts, if done, without the written consent and/or license of Tlyport or the respective owners:
(a)
Copying, republishing, distributing or transmitting any portion of the Services or its content;
(b)
Using the Services or any of its content as part of any information storage retrieval system or database that is offered for commercial distribution;
(c)
Creating compilations or derivative works of the Services or its content;
(d)
Using the Services or its content in any manner that infringes copyright, trade mark or other intellectual property or proprietary rights;
(e)
Removing or obscuring any copyright or other intellectual property or proprietary notice;
(f)
Making any portion of the Services or its content available in any other medium;
(g)
Removing or reverse-engineering any software in respect of the Services; or
(h)
Using any automatic or other process to harvest data and information from the Services.
10.
Links
10.1
The Services may contain links and/or references to Third-Party Websites and/or Social Media Platforms. This may include advertising or any other form of communications originating from Third-Party Websites and/or Social Media Platforms. In the event that the Services include any such advertising, we are not responsible for the legality of or any error or inaccuracy in advertisers’ materials or for the acts or omissions of the advertisers.
10.2
While we have monitoring measures in place, we shall not be responsible for the accuracy or completeness of the content published, opinions expressed or information provided by Third-Party Websites and/or Social Media Platforms, and the inclusion of or reference to the Third-Party Websites and/or Social Media Platforms by our Services does not imply approval or endorsement of those sites and platforms by us. We will not be involved in, and shall not be responsible for any transactions between you and a company connected through such Third-Party Websites and/or Social Media Platforms.
10.3
In the event you decide to leave the Services and access Third-Party Websites and/or Social Media Platforms, you shall do so at your own risk.
11.
Personal data
12.
Disclaimer
We shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, arising out of or related to the use, inability to use or failures of the Services. We expressly disclaim any express and implied warranties, including, without limitation, completeness or accuracy of any information provided or made available to you. We do not warrant that the Services and any and all of its related facilities or capabilities will be free of interruption or error, that defects will be corrected, or that the equipment and software that makes the Services available is free of viruses or other harmful components.
13.
Indemnity
You agree to indemnify, defend and hold harmless Tlyport, our employees, directors, agents and/or vendors harmless against all claims, damages, costs and expenses of whatever nature (including costs on all indemnity basis) which we may incur or which may be awarded against us and which arise out of (a) the access to or use of the Services by you or any persons authorised by you; (b) any breach of the undertakings, warranties or representations provided by you in these Terms; and (c) your infringement of any third party right (including any intellectual property, property or privacy right). This indemnity shall not be subject to any limitation of liability and includes without limitation costs and expenses including professional fees incurred in responding to the dealing with claims made irrespective of whether proceedings have been commenced.
14.
Miscellaneous
14.1
These Terms shall be governed by the laws of Malaysia and the parties submit to the exclusive jurisdiction of the courts of Malaysia.
14.2
No failure or delay by us or you in exercising any right under these Terms shall operate as a waiver of such right or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms.
14.3
If any clause in these Terms shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms shall be capable of continuing in effect without the unenforceable term.
14.4
These Terms shall bind and inure to benefit of the parties and their respective permitted assigns, representatives and successors in title.
14.5
We may assign, delegate or transfer any rights or obligations under these Terms, in our sole discretion, to a third party. You shall not assign, delegate or transfer any rights or obligations under these Terms to a third party without our written approval.
14.6
These Terms contains the entire understanding between the parties to these Terms with respect only to the subject matter thereof and supersedes all prior agreements or understandings, inducements or conditions, express or implied, oral or written.
14.7
For any questions with regard to these Terms, please contact Tlyport at support@tlyport.com.