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TERMS AND CONDITIONS 


LEGAL INFORMATION

1.    TERMS OF USE

The Terms of Use herein contained constitute a legal agreement between you and MR TECH SYSTEM HOLDINGS SDN BHD (“the Company) and shall governs your use of all services provided by the Company including all websites owned or operated by the Company or operated on behalf of the Company (“the Websites”), kbms.my platform, mobile application owned or operated by the Company or operated on behalf of the Company (“the Mobile Applications”) (collectively the “Services”). The usage of the Services may also be subjected to the compatibility of hardware, software (latest version recommended and sometimes required) and internet access. 

Please Read the Terms & Conditions carefully before using the Services. 


2.    AGREEMENT TO TERMS & CONDITIONS

By using the Services including the browsing or otherwise accessing to any content or data in the Websites and/or the Mobile Applications, you agree to the Terms & conditions, the Privacy Policy and any other additional Terms of Use and Conditions as may be shown in the respective Websites and Mobile Applications (as the case may be). If you do not wish to be bound or incapable to be bound by these Terms and Conditions, Policy, Rules and Regulations (as the case may be), you shall immediately discontinue your usage of the Services.

 

The Company may from time to time and as at when the Company deemed necessary and fit, in its sole discretions, change and/or modified the Terms and Conditions. The modified and/or changed Terms and Conditions shall be effective immediately upon posting and you agree to the new Terms and Conditions by continuing your usage of the Services. It shall be your responsibility to keep yourself informed of any changes, should you disagree to any of the modified and/or changed terms, you shall immediately discontinue your usage of the Services.


3.    ACCOUNTS

You may be required to create an account and specify a password to use certain features on the Websites and/or Mobile Applications. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information. 


You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by mail at: info@mrtech.com.my. You agree to indemnify and hold harmless the Company for losses incurred by the Company or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.


4.    TERMS OF PAYMENT

You may choose to pay for the Services (when applicable), by credit card and/or debit card or where available by such other methods as are made available in the Mobile Applications. 


For purposes of auto debit transaction(s), you further undertake and agree as follows: - 

(a)    That you shall at all material time ensure sufficient funds are kept in your credit card/debit card accounts to facilitate the automatic processing of all payments, failing which your Bank is entitled to reject such payments. In this respect, I authorized the Bank to release the reason(s) or ground(s) of the rejection of any payment to the Company. I further consent to such disclosure and declare that the Bank shall be under no liability for disclosing such information. 


(b)    The Bank is not responsible or liable for any claim, loss, damage, cost and expenses arising from the unsuccessful processing of the debits due to insufficient funds, malfunction of system, electricity failure, and any other factors beyond the control of the Bank, including but not limited to the wrongful debits of my card account due to inaccurate information provided by the Company and/or me. Under such circumstances, I shall resolve the particular payment directly with the Company.


(c)    To submit a photocopy of my Identity Card, Credit Card and other documents it may required by the Bank or the Company to support this application.


(d)    The Bank reserves the right to reject this application without giving any reason thereof.


(e)    This authority shall continue to be in force until application’s records is being deleted or updated in the Auto Debit / Bank system following revocation or alteration of the same by giving notice in writing to the Company and/or the Bank 30 days prior to the intended revocation or alteration date. I further understand that the Merchant will advise the Bank in writing to delete or update based on my instruction. The Bank is entitled to refuse to make any debit upon notice of my death(s), bankruptcy, dissolution or winding-up.


(f)    I fully aware & acknowledge that this payment(s) is processed by Mobile88.com Sdn Bhd (iPay88) as authorised Merchant of the Company. The Name of Mobile88.Com Sdn Bhd (iPay88) will be shown on my Credit Card Statement and I will also receive a notification e-mail from iPay88 on the transaction(s).


(g)     I shall not for the duration of this auto debit, terminate, seek a refund or change of any goods or services purchased.


(h)    Any return of goods and/or cancellation of services by me to the Company shall be subject to the Company's terms for the return of goods and/or services.


(i)    The Bank may in its absolute discretion at any time without notice terminate this authorization without assigning any reason therefore, and thereupon the Bank shall be under no obligation to debit my card account to make any further payment save for any of my antecedent obligation/liabilities hereunder and the Bank shall not be held liable for any loss or damage that may be suffered by me or any other third party registered under the authorization herein as a result of such action by the Bank.


(j)    If my card account is overdrawn, I shall on demand by the Bank make good any amount overdrawn plus any interest thereon which shall be calculated based on the Bank’s interest rate.


(k)    In the event of an unsuccessful debiting, I hereby authorize the Bank to reattempt the process upon receipt of such instruction from the Company.


(l)    The Bank will not be liable for any inadequate, defective or damaged goods or unsatisfied services or be responsible for any dispute between me and the Company and the Bank is authorized to debit the above amount on my card account regardless of any such dispute.


(m)    The Bank, the Company, Mobile88.Com Sdn Bhd (iPay88) reserves its rights to vary, amend, delete or add to these terms and conditions without prior notice to me and I agree to be bound by such variations, amendments, deletions or additions.


5.    REPRESENTATIONS AND WARRANTIES

By using the Services, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Services, you further represent and warrant that you have the right, authority and capacity to use the Services and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Services is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Services, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Services.

You may only access the Services using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device and/or browsing the genuine websites owned or operated by the Company and/or operated by the authorise entity on behalf of the Company. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device or have access a non-genuine Website(s). The Company reserves the right not to permit you to use the Services should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Mobile Application is intended to be used.


By using the Services, you agree that: 

    You will only use the Services for lawful purposes;

    You will only use the Services for the purpose for which it is intended to be used;

    You will not use the Mobile Application for sending or storing any unlawful material or for fraudulent purposes;

    You will not use the Mobile Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;

    You will not use the Service, the Mobile Application and/or the Software for purposes other than obtaining the Service;

    You shall not contact the third party transportation provider for purposes other than the Services;

    You will not impair the proper operation of the network;

    You will not copy, or distribute the Software or other content without written permission from the Company;

    You will only use the Software and/or the Mobile Application for your own use and will not resell it to a third party;

    You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;

    You will provide the Company with proof of identity as it may reasonably request or require;

    You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

    You will only use an access point or data account which you are authorized to use;

    You agree that the Service is provided on a reasonable effort basis; and

    You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time. 


You further agree NOT to: - 

    Use any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on our Website(s) and/or Mobile Application(s); 

    Try to harm the Services, the Mobile Application and/or the Software in any way whatsoever;

    Employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing users;

    Impair or circumvent the proper operation of the network which the Services operates on;

    Pose as any person or entity or attempt to solicit money, passwords or personal information from any person; 

    Act in violation of any Term of Use or any other conditions posed by us or any applicable law; 

    Transmit or attempt to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature. 


6.    COPYRIGHTS

The subject matter on and accessible from our platform and publications is copyright. Apart from fair dealing permitted by the Malaysia Copyright Act 1987, the Company grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of digitalcondo.com copyright material beyond such use, written permission must be obtained directly from the Company or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.


7.    CONFIDENTIALITY

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

    was at the time of receipt already in your possession;

    is, or becomes in the future, public knowledge through no fault or omission of you;

    was received from a third-party having the right to disclose it; or

    is required to be disclosed by law.