PREAMBLE

PLEASE READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS WHICH GOVERN YOUR ACCESS TO AND USE OF OUR WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED BY OR THROUGH THE WEBSITE (‘SERVICES’).

BY ACCESSING THIS WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF AT ANY TIME YOU DO NOT ACCEPT ANY OR ALL OF THESE TERMS & CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS TO OR USE OF THIS WEBSITE AND/OR USE OF THE SERVICES.

An agreement is now deemed to be entered into by and between You and EBIZU SDN. BHD. (Company No. 1039440-P) , a private company with its liability limited by shares incorporated in Malaysia under the Companies Act 1965, with its registered office at Level 8, Tower 11 Avenue 5, The Horizon, Bangsar South, 59200 Kuala Lumpur (“this Agreement”).

All references to “we”, “us” or “our”, as the case may be, refers to EBIZU SDN. BHD.

This Agreement governs your access to and use of our website , products & services and is subject to these Terms and Conditions (“Terms and Conditions”). A description of the Program, as generally offered by us, is available at EBIZU [http://ebizu.com/] or such other URL as we may provide periodically. “You” or “Publisher” means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by this Agreement.

CLAUSE 1. EBIZU WEBSITE

1.1.     This Website and the Services are owned, operated, administered, maintained and developed by us and/or our third party vendors or service providers. Your access to and use of this Website and the Services are governed by this Agreement including any amendments made to this Agreement and any other additional operating policies which we may impose from time to time.

1.2.     We reserve the right to make any amendments to this Agreement from time to time. We shall inform you of such amendments by a notice displayed on this Website at least 7 days before such amendments come into effect and after which, your continued access to or use of this Website and/or the Services shall constitute your agreement to and binding acceptance of those amendments.

1.3.     You agree and acknowledge that although this Agreement regulates your access to and use of this Website and the Services, the Services shall also be subject to the applicable terms and conditions of any agreement(s) which may govern the subscription and use of the same. As such, this Agreement shall be read in conjunction with the terms and conditions of those other agreements, as and where applicable. Should there be any conflict between this Agreement, and the terms and conditions of those other applicable agreements, the latter shall prevail.

1.4. APPLICATION DATA: The collection and use of Application Data is an integral element of the Services, and you expressly consent to such collection and use of Application Data in accordance with our privacy policy, as may be amended from time to time in our sole discretion. A current copy of our privacy policy is available at Privacy Policy (the “Privacy Policy”). You represent and warrant that you are permitted to collect such Application Data for provision and analysis to Ebizu as set forth herein pursuant to your Application’s privacy policy.

1.5. Restrictions. Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Services; (b) modify the Services, or insert any code or product, or in any other way manipulate the Services in any way; (c) modify the Ebizu Code in any way without our prior written consent, (d) sublicense, sell, or distribute the Ebizu Code or bypass any security measure of Ebizu with respect to the Services. You may not distribute the Ebizu Code on a stand-alone basis, and your Application must provide material functionality in addition to the Ebizu Code and the Services.

CLAUSE 2. GRANT OF LICENSE

You are granted a limited, non-exclusive, revocable, non-transferable license to make personal non-commercial use of the Website, Services and Program.

CLAUSE 3. INTELLECTUAL PROPERTY RIGHTS

3.1.     We respect intellectual property and proprietary rights, and expect you to do the same.

3.2.     Please note therefore that the Program is our property and protected by intellectual property rights (including but not limited to trademark and copyright) and that you do not have a right to use the Program (including but not limited to its content) in any manner not covered by this Agreement. Furthermore, you must not infringe any third party’s intellectual property or proprietary rights.

3.3.     You agree that all of our trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of EBIZU SDN. BHD. (“EBIZU Marks”). Without our prior permission, you agree not to display or use in any manner any of the EBIZU Marks.

3.4.     You must not tamper with, remove, deface or alter any copyright, trademark or other intellectual property, privacy, confidentiality or proprietary notices contained on or provided through the Website or Program.

CLAUSE 4. FEES

4.1.     While your access to this Website is currently provided free of any fee, you agree and acknowledge that we reserve the sole right and discretion to impose a fee for access to and/or use of this Website or the Services at any time, subject always to our giving you prior notice of such fee.

4.2.     You agree and acknowledge that there may be certain Services provided by us, whether existing at present or made available in the future, which require you registering with us in order to access and use those Services. In such instances, you agree and acknowledge that we reserve the sole right and discretion to impose a fee for your registration and/or access to and use of the Services. You shall be duly notified of the relevant fee, if any. Your completion of the registration process, access to or use of the Services shall constitute your agreement and binding acceptance of the same.

CLAUSE 5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION IN THE WEBSITE

5.1.     We do not claim ownership of any materials, data, communication and/or information (“the Content”) you submit or make available for inclusion in the Program. However, with respect to Content you submit or make available for inclusion in publicly accessible areas of the Program, you grant us the following worldwide, royalty-free, non-transferable and non-exclusive license(s), as applicable:

5.1.1.     With respect to Content you submit or make available for inclusion in publicly accessible areas, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Program solely for the purposes of providing and promoting Program to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Program and will terminate at the time you remove or we remove such Content from the Program.

5.1.2.     With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Program, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Program solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Program and will terminate at the time you remove or we remove such Content from the Program.

5.1.3.     With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Program, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Publicly accessible” areas of the Program are those areas of the Website that are intended by us to be available to the general public.

CLAUSE 6. CONFIDENTIAL INFORMATION

6.1.     It is our policy to respect the privacy of any information disclosed by you pursuant to your access of this web site and use of the services herein (“Confidential Information”). Accordingly, we will neither edit nor disclose your Confidential Information unless we are required to do so in accordance with any legislation, laws or regulations, to protect our rights and property, enforce any provision in this Agreement, to provide you with the Services, respond to any claim that the Content violates the rights of another person or as otherwise provided in this Agreement.

6.2.     We may from time to time disclose your Confidential Information (only in aggregate or demographic form) to our third party vendors, advertisers, affiliates or other relevant parties for their records.

CLAUSE 7. RESTRICTION OF USE

7.1.     For the avoidance of doubt, you agree that you shall and will not (without limitation):

7.1.1.     copy, reproduce, rip, record, make available or otherwise use any part of the Program in a manner not expressly permitted under this Agreement;

     reverse-engineer, decompile, disassemble, modify or create derivative works based on the Program or any part of the Program;

     circumvent any technology which is used by us, by our licensors or by any third party to protect Content accessible through the Program;

     rent, license or lease any part of the Program to any person;

     use the Program in a way that violates the terms of this Agreement; or in access and/or using this Website, the Program and/or the Services, engage in conduct which is prohibited or which constitutes an offence under the laws of the country from which you access this Website.

7.2.     You agree to take all reasonable care to prevent unauthorized use of the Program. You acknowledge and agree that we may remove or reclaim your username at any time if we consider such action appropriate.

CLAUSE 8. CONDUCT

8.1.     You agree that your access of this Website and use of the Services shall at all times be in accordance with all legislation, laws and regulations governing the same and you shall not, at any time whatsoever, attempt or assist any other person to transmit the Content, through this Website or Services, which is abusive, defamatory, infringes another person’s rights, constitutes a criminal offence or gives rise to civil liability, encourages racism, promotes hatred, contains pornography or pedophilia, contains any viruses, malicious code or program or deleterious files and/or is otherwise objectionable to public morals and decency.

8.2.     You also agree not to hack or attempt to gain unauthorised access into this Web site and the Services, to disrupt the security of its resources, to provide information which is inaccurate or false and/or to otherwise abuse and misuse this Website and the Services. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify us immediately and in failing or delaying to do so, you may also be held liable for the same.

8.3.     We are not obliged to monitor or review your access to or use of this Website or the Services. But we may do so from time to time for our own purposes or where we are compelled to do so under this Agreement. In doing so, we reserve the right to edit or delete any Content which violates any of the provisions set out in this Agreement, without notice to you and without any liability to you for doing so.

CLAUSE 9. SUPPORT

9.1.     Platform support. We will provide adequate second line support for the Program including answering technical questions directed to e-mail.

9.2.     Platform upgrades. We may release new versions and variations of the Program as new features and improvements are being developed and specific requirements incorporated. We will announce from time to time such upgrades to the Program and support areas through our dedicated website.

9.3.     New and discontinued Program. We have the right to discontinue the Program and add new versions of the Program.

CLAUSE 10. TERMINATION

10.1.     You may terminate your account, any associated email address and access to the Program by submitting such termination request to us.

10.2.     You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your account, any associated email address, and access to the Program. Cause for such termination, limitation of access or suspension shall include, but not be limited to:

10.2.1.     any breach or violation of this Agreement or other incorporated agreements or guidelines;

10.2.2.     any request we receive from a law enforcement or other government, regulatory, statutory or supervisory body or agency;

10.2.3.     discontinuance or material modification to the Program (or any part thereof);

10.2.4.     unexpected technical or security issues or problems;

10.2.5.     extended periods of inactivity;

10.2.6.     engagement by you in fraudulent or illegal activities; and/or

10.2.7.     non-payment of any fees owed by you in connection with the Program (if applicable).

10.3.     You agree that all termination, limitation of access and suspension shall be made at our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address or access to the Program.

10.4.     Termination of your account includes any or all of the following:

10.4.1.     removal of access to all or part of the offerings within the Program;

10.4.2.     deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and

10.4.3.     barring further use of all or part of the Program.

CLAUSE 11. INDEMNITY

You hereby agree to fully indemnify, defend and hold us, our officers, directors, employees, agents and servants harmless against all damages, losses, expenses and costs (including legal costs and disbursements) which we may have suffered or incurred, whether directly or indirectly, in connection with or as a result of your breach of any of the provisions under this Agreement.

CLAUSE 12. LIMITATION OF LIABILITY AND WARRANTY

12.1.     We shall not be liable to you for any direct, indirect, incidental, or consequential damages arising out of or in connection with the use, inability to use, or the services, including, but not limited to, lost revenue, lost profits, replacement goods or services, cost of replacement goods or services, loss of technology, data, customer information, rights or services, or interruption or loss of use of service, loss of business hours, information or equipment, even if advised of the possibility of such damages, whether such liability arises from any claim based upon contract, warranty, tort or otherwise.

12.2.     The Program may contain or provide access to software and data licensed to us by third party vendors (collectively, “Third Party Products”) and provide access to services and data of third parties (“Third Party Services”). Third Party Products, Third Party Services and access thereto are provided to the reseller “AS IS” without any warranties, express, statutory or implied, including, but not limited to the warranties of merchantability or quality, fitness for a particular purpose, or non-infringement, or arising as a result of custom or usage in the trade or by course of dealing. We disclaim any and all liability in connection with your use of the Third Party Products and Third Party Services.

12.3.     We expressly disclaim all other warranties, express, statutory or implied, including, but not limited to, the warranties of merchantability or quality, fitness for a particular purpose, or non-infringement, or arising as a result of custom or usage in the trade or by course of dealing, to the greatest extent permitted by law.

12.4.     We hereby disclaim, to the greatest extent permitted by law, all warranties by its suppliers and all liability by suppliers for any damages, whether direct, indirect, or consequential, arising from, connected with, or related to the use of the services, system content or the software.

CLAUSE 13. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 11 MAY NOT APPLY TO YOU.

CLAUSE 14. OUR PROPRIETARY INFORMATION

14.1.     You acknowledge and agree that the Program and any necessary software used in connection with the Program (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Program or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Program, in whole or in part.

14.2.     You shall and must not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any object or source code or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in this Website, the Program, the Services or any part of it.

14.3.     You must not modify this Website or the Program in any manner or form including (without limitation) for the purpose of obtaining unauthorized access to the Program. You agree not to access the Program by any means other than through the interface that is provided by us for use in accessing the Program.

CLAUSE 15. COPYRIGHT INFRINGEMENT AND TAKEDOWN

15.1.  If you are a copyright holder who believes that any of the products, services or content which are directly available via the Program are infringing copies of your work, please let us know. A notice of alleged copyright infringement should be sent to our designated copyright agent at the following address:

EBIZU SDN. BHD.

Level 8, Ikhlas Point Tower 11,

Avenue 5, The Horizon, Bangsar South,

No 8, Jalan Kerinchi,

59200 Kuala Lumpur

15.2.     A notification of claimed copyright infringement must be addressed to our copyright agent listed above and include the following:

1.     a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;

2.     specific identification of each copyrighted work claimed to have been infringed;

3.     a description of where the material believed to be infringed is located on Program (please be as detailed as possible and provide a URL to help us locate the material you are reporting);

4.     contact information for the complaining party, such as a complete name, address, telephone number, and email address;

5.     a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6.     a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly.

CLAUSE 16. TECHNOLOGY LIMITATIONS AND MODIFICATIONS

We will make reasonable efforts to keep the Program operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Program with or without notice.

CLAUSE 17. NOTICE

We may provide you with notices, including those regarding changes to this Agreement, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Program, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this Agreement by accessing the Program in an unauthorized manner. Your agreement to this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Program in an authorized manner.

CLAUSE 18. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed and construed in accordance with the laws of Malaysia. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the jurisdiction of the court or other tribunal in Malaysia with the appropriate knowledge and expertise to deal with such dispute, controversy, or claim.

CLAUSE 19. PERSONAL INFORMATION

19.1.     Access Limitations. We will implement such physical, technical and administrative measures as may be required to limit our access to your personal data of you that we reasonably require to perform our obligations under this Agreement.

19.2.     Access and Confidentiality. We will not access or use your personal data beyond the scope authorised by you. We will process and use your personal data only to perform our obligations under this Agreement or Malaysian law, and will disclose such personal data only to people who have a need to know and are bound by confidentiality obligations not less restrictive than those contained in this Agreement.

19.3.     Protection. In relation to any personal data to which we are given access by you, we will:

19.3.1.     comply with applicable laws of Malaysia governing the protection of personal data; and

19.3.2.     use the personal data solely for the performance of our obligations under this Agreement.

CLAUSE 20. ASSIGNMENT

We may assign this Agreement at any time without prior written notice to you. Subject to the foregoing, this Agreement shall be binding upon and subsist to the benefit of the parties and their successors and assigns.

CLAUSE 21. INVALIDITY

Should any portion of this Agreement be held to be invalid, unenforceable or void, such holding shall not have the effect of invalidating or voiding the remainder of this Agreement and the parties agree that the portion held invalid, unenforceable or void, shall, if possible, be deemed amended or reduced in scope, or otherwise be stricken from this Agreement, to the extent required for the purpose of the validity and enforcement.

CLAUSE 22. WAIVER

No waiver of any term, covenant, condition or obligation of this Agreement or any breach, shall be effective unless granted in writing. The waiver by any of the parties of any term, covenant, condition or obligation of this Agreement or of any breach of this Agreement shall not be deemed to be a waiver of any other term, covenant condition or obligation of this Agreement or any prior, concurrent or subsequent right.

CLAUSE 23. CAPTIONS

The captions in this Agreement are for convenience only and shall not be considered a part of this Agreement or affect the interpretation of any provision.

CLAUSE 24. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements, understandings and contracts between the parties with respect to its subject matter.

CLAUSE 25. ENGLISH VERSION PREVAILS

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

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Last Updated: 20 April, 2017

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