1. Terms and Conditions
The following Terms and Conditions apply to your use of the App, website and associated Services provided by Mobinity Sdn Bhd. The purpose of these Terms and Conditions is to set out the rights, obligations and other necessary matters between the User and the Company, for using and accessing the App, website and associated Services provided by the Company. These Terms and Conditions constitute a legally binding agreement between the User and the Company.
By registering for an Account and using the App, website and associated Services, You agree that You have read, understood, accepted and agreed to be bound by these Terms and Conditions unconditionally and irrevocably without limitation or qualification. If You do not agree to any of or part thereof these Terms and Conditions stated herein and wish not to continue, You should discontinue using the App, website and associated Services immediately.
2. Definitions
The terms below shall have the respective meanings ascribed to them unless the context requires otherwise. Words denoting one gender include the other gender and words denoting the singular include the plural and vice versa.
Account means the account registered and maintained voluntarily by Users for accessing and using the App, website and associated Services.
Applicant, User or You means the person who registers for, accesses to and/or uses the App, website and associated Services.
App means the mobile application owned by Mobility Sdn Bhd which is downloaded and installed unto a mobile device.
Business Day means Monday to Friday, 9:00am to 5:00pm, excluding Saturday, Sunday and public holidays in Malaysia.
Force Majeure Event means any event beyond the control of the Company or You, including, without limitation, strikes, industrial disputes, work stoppages, sabotages, accidents, epidemic, pandemic, acts of war or terrorism, civil or military disturbances, acts of God, natural disasters, explosions, adverse weather conditions, flood, tempest, fire, and interruptions, loss or malfunctions of energy sources or transport network or utilities or communications or computer (hardware, software and/or Internet) services.
Intellectual Property means any copyright, patent, design, trademark, application to register any rights, trade secrets, rights in know-how, and any other intellectual or industrial property right of any nature whatsoever subsisting in anywhere globally.
Privacy Policy means Our privacy notice, which shall form an essential and integral part of these Terms and Conditions. These Terms and Conditions shall be read together with Our Privacy Policy, which can be accessed at this hyperlink Privacy Policy.
Service Provider means the third-party company or individual who provides professional consultations, advices and treatment services to end customers or users of the App, website and associated Services.
Services means the functionalities and features provided by the Company which enables You to perform the transactions set out in the App, website and associated Services.
Terms and Conditions means these Terms and Conditions which governs the access to and use of Our App, website and associated Services.
We or Us or Our or Company means Mobility Sdn Bhd.
3. Account Registration
3.1 To use the Services, the Applicant shall first become a User by registering for a valid and active Account either via the App or website;
3.2 When registering for an Account, the Applicant will need to provide information that may include the User’s Personal Data in order for Us to provide the Services to You;
3.3 All information provided by the User to the Company during this onboarding registration process are regarded as representations by the User, and shall be truthful, accurate, up to date and complete;
3.4 By registering for an Account, You represents and warrants that You:
3.4.1 have read, understood and agreed to adhere to these Terms and Conditions, which constitutes the User’s agreement to be bound by these Terms and Conditions that establishes a contractual relationship between the User and the Company;
3.4.2 are legally capable of entering into a binding agreement with the Company;
3.4.3 are not in breach of any applicable laws or third-party rights by entering into a contractual relationship with the Company;
3.4.4 have read and accepted Our Privacy Policy and has provided your express consent for the Company to use your Personal Data in accordance with the Privacy Policy;
3.5 The Company reserves the right to decline the User’s application for an Account in any of the circumstances below:
3.5.1 If the User is in breach of any of the provisions under these Terms and Conditions;
3.5.2 If the Company in its own judgment and rights believes that the Applicant should not be a User for any reason whatsoever;
Notwithstanding the above, the Company is not under no obligation to provide any reason for declining any applications from Applicant;
3.6 The Applicant will become a User when the onboarding registration process for an Account is approved and completed, upon which the contractual relationship between the User and the Company commences;
3.7 The User is fully responsible for keeping his username, password, passcode and login details secure, and for preventing unauthorized access to his Account. The User will be solely responsible for all aspects in relation to access and usage of the Account, and any acts or omissions arising from his Account, whether or not such acts or omissions are authorized by the User;
3.8 If the User becomes aware of any unauthorized access and/or use of his Account and/or any theft of his username, password and/or login details by a third-party, the User shall immediately notify the Company with required information of the unauthorized access and/or use;
3.9 The Company shall not be liable for any damages and/or losses suffered by the User as a result of the User’s violation of any of these Terms and Conditions;
3.10 The User acknowledges, consents and agrees that the Company may at any time without prior notice access, maintain and/or disclose any information contained in the Account if it is necessary to:
3.10.1 enforce these Terms and Conditions;
3.10.2 respond to the User’s requests or any claims and disputes brought by any parties;
3.10.3 comply with any laws and regulations and/or legal processes.
4. Usage of the Services
4.1 To use the Services, you need to download and install the App unto to your mobile device and create an Account as part of the onboarding registration process.
4.2 You represent and warrant that all information provided to Us towards your Account is true, accurate and complete and You agree to provide Us with up-to-date information of yourself in order for Us to provide You with the Services that we offered. We have the right to reject your registration for an Account without the need to provide any reason.
4.3 You are fully responsible for maintaining the security of your Account details such as login identity, password, passcode and any other information in relation to your Account. You shall not share any details with other parties and shall frequently change your password and inform Us if your Account has been in any way compromised or You suspect any unauthorized access or use of your Account.
4.4 Your Account is personal to You. Any instructions and communication sent from your Account or device shall be deemed to have been issued by You irrespective of whether such instructions and communications were actually sent by You. You are fully responsible to secure your Account at all times.
4.5 You shall not assign, transfer or sub-contract any of your rights or obligations under these Terms and Conditions to any third-party.
4.6 You agree not to hold Us liable for any losses or damages whatsoever arising from your failure to keep information relating to your Account secure and confidential, or for any acts or omissions under your Account or from your use of the App, website and associated Services.
4.7 We reserve the right without liability to You, to modify, suspend or discontinue, temporarily or permanently, the App, website and associated Services or any features or part thereof, at Our absolute discretion.
4.8 Notwithstanding anything to the contrary, if any information provided by You is fraudulent, untrue, inaccurate or incomplete, We may not be able to provide the Services to you and reserve the right to suspend or terminate your Account and refuse any current or future access to the App, website and associated Services.
4.9 Use of the App, website and associated Services will require other third-party devices and services including but not limited to mobile and/or computer device that comes with stable broadband Internet connection for accessing the Services. Notwithstanding anything to the contrary, the Company will not be responsible and liable for any technical difficulties, issues and interruption of services that are related to these third-party devices and services, encountered by You.
5. Responsibilities of User
5.1 You shall:
5.1.1 keep your personal information, login identity, password, passcode and any other security related information of your Account confidential at all times and shall take all steps to prevent the disclosure of your security related information to any third-parties;
5.1.2 ensure that all information and data provided to Us including personal data are true, accurate, updated and complete at the time of provision and shall promptly update such information and data if there are any changes to the same. We shall not be responsible and liable whatsoever to You due to any inaccurate or incomplete information and data provided by You to Us;
5.1.3 warrants to comply with all applicable laws, ordinances, codes, rules, regulations, notices, instructions and/or directives of the relevant authorities or any notices or guidelines as spelled out in these Terms and Conditions;
5.1.4 be responsible for all third-party devices and Internet Broadband services necessary to use, the security and integrity of all information and data disclosed and/or obtained through using, the App, website and associated Services;
5.1.5 be fully responsible for any contents and/or comments, communicated or broadcasted from your Account, whether by You or any other persons;
5.1.6 be fully responsible and take all reasonable steps to prevent fraudulent, improper or illegal use of the App, website and associated Services;
5.1.7 report immediately to Us upon the discovery of any fraud, theft, loss, unauthorized usage or any other occurrence of unlawful acts in relation to your Account and/or its use;
5.1.8 only download and install the App from the official mobile apps platform. Any downloads and installation outside of the official mobile apps platform shall be deemed unlawful and We shall not be liable for any of your losses or damages suffered arising therefrom;
5.1.9 ensure that you do not use the App on any mobile devices that has been modified illegally, such as jailbroken, rooted or any device that has been altered in any way whatsoever. In the event that you use the App on such a modified device, We shall not be liable in any way whatsoever for any and all losses or damages which you may suffer including but not limited to any financial and/or information loss;
5.1.10 You shall be fully responsible for the integrity of all information and data, disclosed and/or obtained through the use of the App, website and associated Services or broadcasted from your Account, whether by You or any other persons using your Account;
5.1.11 fully indemnify Us from and against any and all liabilities, costs, damages, demands or claims whatsoever on a full indemnity basis, which may be made by any third-parties due to a breach by You of any of these Terms and Conditions, or arising in any way in connection with your default, acts, omissions and/or negligence in using the App, Website and associated Services;
5.1.12 You agree and consent to the use by the Company and/or its employees, advisors and associated partners of any information provided by or related to You, the particulars of any transactions and information related to your Account, for the purpose of (but not limited to) customer services, marketing analytics, investigating any claims or disputes arising out of or in connection with any disputed transactions and that this consent shall survive the termination of this agreement. You further agree that in the event of a dispute or claim of any nature arising from any transactions, the records of the transactions generated by Us shall be used as a reference and shall be the sole basis of settling the relevant dispute or claim;
5.1.13 comply with all applicable laws of Malaysia relating to usage of the App, website and associated Services, including but not limited to the Communication and Multimedia Act 1998, and related subsidiary legislations, which may be amended from time to time;
5.2 You shall not:
5.2.1 do anything to breach, circumvent or contravene these Terms and Conditions, including but not limited to commit or encourage any fraudulent act or criminal offence, break any applicable laws and regulations under any state, provincial or local government, statutory or municipal authority, industry regulators, agency or body;
5.2.2 carry out any acts that is against public interest, public order or national harmony or may damage the reputation and goodwill of the Company and/or associated companies;
5.2.3 corrupt, exploit, copy or steal information from the App and/or website, and conduct any unauthorized modification, disruption, or deletion of the App, website and associated Services;
5.2.4 use the App, website and associated Services to send or post any irrelevant, unlawful, illegal or otherwise objectionable content and/or comments which is deemed hateful, or offensive on moral, religious, communal or political grounds, or is misleading, abusive, threatening, defamatory, libelous or of an indecent, obscene or menacing character, that may cause embarrassment, cyber bullying, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any Users or person, or in any way interferes, defames, restricts, endangers or inhibits any Users from using or enjoying the Services. Under such circumstances, the Company reserves the right to remove, delete or hide any comments and/or contents posted by the User that the Company, in its sole and absolute discretion, deemed is not suitable for the public and/or users community of the App, website and associated Services;
5.2.5 change and/or obscure in anyway anything or use illegal, unauthorized and malicious means to cause excessive or disproportionate load and disruptions to the App, website and associated Services;
5.2.6 avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measures implemented by Us, any service providers or associated partners or any other third-parties appointed by Us to protect Our ability to provide the Services;
5.2.7 impair, remove or otherwise circumvent any measures implemented by Us, by Our associated partners or service providers to protect and enable Our ability to provide the Services to Our Users;
5.2.8 attempt to scan, probe or test vulnerability of any of Our software, system or network or breach any security or authentication measures. Users who violate the software, system or network security may have incurred criminal or civil liability, and under these circumstances, the Company will fully cooperate with relevant law enforcement authorities on investigations of suspected criminal violations, violation of software, system or network security;
5.2.9 attempt to reverse engineer, decode and/or decompile any of the software, applications and correlated intellectual property rights used in Our App, website and associated Services;
5.2.10 infringe the intellectual property rights of the Company and/or associated companies; this include but not limited to any intent and/or actions to copy, remove, modify, obscure, disclose, display, distribute, transmit, sell, publish, transfer and/or otherwise use any of Our copyrights, trademarks, logos, URL domain name, brand names, product names, images or any information of the App, website and associated Services;
5.2.11 fraudulently register an Account in Our App and website. If You are caught impersonating another person, whether an individual or another legal entity, You will be responsible for any costs, damages and/or losses incurred as a result of this fraudulent activity. Abusing the Account provided by Us may result in immediate suspension and/or termination of the Account and report to the relevant authorities.
6. Intellectual Property
6.1 All proprietary and Intellectual Property rights in connection with the App, website and associated Services, which include but not limited to all information, data, graphics, texts, photographs, artworks, logos, icons, user interfaces, audios, videos, screens, webpages, software programmed, source codes, configurations, tools, design, expressions and layout of the applications or software applications or products, is owned by or licensed to Us and/or protected by copyright, trademark or other Intellectual Property rights. Save as expressly provided herein, no license or right is granted to You with respect to Our Intellectual Property and You shall not copy, reproduce, modify, use, publish, broadcast, transfer, transmit, reveal or distribute any components or part of Our Intellectual Property without Our prior and formal written consent.
6.2 You shall use the App, website and associated Services strictly in accordance with these Terms and Conditions and shall not:
6.2.1 decode, reverse engineer, disassemble or in any way attempt to derive the source codes of the App and website;
6.2.2 make any adaptation, modification, translation or derivative work from the App, website and associated Services;
6.2.3 modify, obscure or remove any proprietary notices in connection with the App, website and associated Services;
6.2.4 use the App, website and associated Services for any revenue-generating endeavor or other commercial purposes for which it was not designed or intended to;
6.2.5 use the App, website and associated Services to copy, create and develop a software, product or service, which directly or indirectly competes or substitutes the Services offered by Us through the App, website and associated Services.
7. Disclaimer
7.1 The App, website and associated Services are provided on an “as is” and “as available” basis without any guarantees, conditions or warranties. You accept that We make no representation or warranty, express or implied, that the software application, system or Services or any features thereof shall always be reliable, timely, secure or defect free at all times, or that the Services will be uninterrupted and available at all or any particular time or location.
7.2 You also agree and acknowledge that the Services rely on other third-party technologies, services and facilities including but not limited to Internet Broadband, Webhosting and Telecommunication services, which are not within Our control. You agree and accept the characteristics and limitations of mobile and wireless networks relating to the aspects that data may be corrupted, delayed or lost despite the necessary security and other measures taken by Us, Our service providers and associated partners. You agree not to hold the Company liable for any damages or losses whatsoever, including but not limited, to any direct, indirect, special, consequential, punitive or incidental damages, or damages for personal injury, loss of life, use, profits, data or other intangibles, damages to goodwill or reputation, or cost of substitute goods and services, arising out of, or related to the use, inability to use, performance or failures of the Services, and any materials, information, data, and comments posted by the You or any other Users thereon, irrespective of whether such damages were foreseeable or not.
7.3 You expressly agree that your use of the App, website and associated Services is at your sole risk and discretion and You will assume total responsibility arising therefrom. You will rely on your own review and evaluation of the Services to assess its suitability for your particular purpose. Your sole remedy against Us in the event of dissatisfaction is to cease using the App, website and associated Services.
8. Limitation of Liability
8.1 Our obligations hereunder are strictly to limited to provision of the App, website and associated Services. The Company shall not in any event or under any circumstance be liable to You and/or any third-parties for any costs, losses or damages whether arising directly or indirectly, or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of any dealings, screening services, advices, consultation, treatments, product recommendations, goods and other services provided by the Service Provider or any third-parties to You (as the end customers), through transactions via the App or website. You accept and agree to take full responsibility to resolve all and any disputes, complaints, investigations, negotiations and settlements directly with the relevant Service Provider or any third-parties.
8.2 You shall be solely and fully responsible for any fees charged by Service Provider, banks or any other third-parties, and/or the payment of any taxes and any other duties or charges arising from the transaction undertaken by You with the Service Provider or any third-parties.
8.3 If the Company cannot provide access to the App, website and associated Services temporarily due to an occurrence of a Force Majeure event, you accept and agree that that the Company shall be fully exempted from any obligations under these Terms and Conditions.
8.4 The Company shall not be liable for any disruptions in accessing and using the App, website and associated Services, that is caused by any act or omission of the User or any third-party service providers including but not limited to Internet, Webhosting and Telecommunication service providers. The User also agreed and accepted the full responsibility to use a legal and compatible device, software and have access to stable broadband Internet connection at all times while using the App, website and associated Services.
9. Indemnification
The User shall indemnify, defend and hold the Company, its affiliated companies, their directors, shareholders, employees, partners, agents, contractors, service providers, suppliers, vendors and representatives harmless against any third-party claims, losses, liability, fines, penalties, damages, legal fees and/or costs arising from:
9.1 the User’s accessing and using the App, website and associated Services;
9.2 the User’s breach of any of these Terms and Conditions;
9.3 the User’s own dealings with any other Users or Service Providers or third-parties;
9.4 the User’s own breach of applicable laws and regulations of Malaysia or any other countries;
9.5 the User’s own breach of any third-party rights including but not limited to any rights of privacy, publicity rights or intellectual property rights;
9.6 any other party’s access and use of the App, website and associated Services with the User’s unique username, password, or other appropriate security passcode.
10. Dispute Resolution
10.1 Any disputes regarding transactions made through your Account must be communicated in writing to Us, within two (2) calendar weeks from the date of such transaction and You shall be fully responsible to furnish Us with all necessary supporting information and/or documents as and when requested.
10.2 If We do not receive any written notice within two (2) calendar weeks from the date of the transaction, You are deemed to have accepted and agreed that the transaction is accurate.
10.3 You agree and consent to the disclosure and release by Us of any information and data in Our possession for the purpose of investigating any disputes arising out of or in connection with the transaction through your Account.
11. Suspension and Termination
11.1 The Company may suspend or terminate the Account or provision of the Services, without prior notice to the User upon occurrence of any of the events below, and We are not under any obligation to provide any reasons for suspending or terminating the Account:
11.1.1 The User breaches any of these Terms and Conditions and/or any applicable laws or regulations;
11.1.2 When any of the User's information provided is found to be intentionally false, incomplete or incorrect;
11.1.3 When the User does anything which damages the goodwill or reputation of the Company and/or associated companies;
11.1.4 When the User agitates, harasses, annoys, abuses, threatens or in any way interferes with other Users’ use of the App, website and associated Services;
11.1.5 When the User misuses and breaches the Company’s Intellectual Property rights of any information and/or data obtained through the App, website and associated Services;
11.1.6 When the User misuses, abuses and/or manipulates the Account for fraudulent purposes which includes but not limited to misuse and/or abuse of promotions and/or discounts provided through the App, website and associated Services;
11.1.7 The User does any inappropriate acts which the Company at its absolute discretion, is of the view that suspension or termination of the Account and/or provision of the Services is deemed necessary for the benefits of the users community.
11.2 Notwithstanding the suspension or termination of the User’s Account or the Services pursuant to Clause 11.1 above, the User’s obligations under these Terms and Conditions shall survive the suspension or termination of the Account or the Services.
11.3 The Company may change, suspend and/or discontinue the App, website and associated Services in cases where the Company at its absolute discretion, has deemed that the provision of the Services at its current form is no longer commercially viable or a change in the regulatory regime has rendered offering the Services illegal. The Company will use reasonable efforts to notify the User via email (if a valid email has been provided by the User to Us) or through the in-app messaging function before the effective date.
11.4 The Company reserves the right without liability to You to modify, suspend, or discontinue, temporarily or permanently, provision of the App, website and associated Services or any features or part thereof, at Our absolute discretion without prior notice.
11.5 You accept and agree that The Company shall not be liable to You for any disruptions in provision of the App, website and associated Services.
12. Privacy Policy
12.1 By registering for an Account and using the App, website and associated Services, You agree to Our Privacy Policy, which shall deem to be incorporated herein by reference and accept that it forms an essential and integral part of these Terms and Conditions. These Terms and Conditions shall be read together with Our Privacy Policy.
12.2 You agree and consent to your personal data to be used and/or disclosed by Us in accordance with the terms of Our Privacy Policy. You agree that by registering an Account with Us and/or by using the App, website and associated Services, You have authorized and consented to your personal data being disclosed to and/or stored and/or processed by such third-parties as may be necessary.
12.3 You accept and agree that We reserve the right and may be required to revise Our Privacy Policy at Our absolute discretion from time to time. Your continued use of Our App, website and associated Services shall mean that you have agreed and consented to Our latest prevailing Privacy Policy as revised.
13. Miscellaneous
13.1 Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia, and both parties hereby agree to submit to the exclusive jurisdiction of the Malaysian courts. Prior to commencing any legal action, the User and the Company where possible, shall first attempt to settle a dispute expeditiously and in good faith.
13.2 Entire Agreement
These Terms shall constitute the entire agreement of the Company and the User and supersede all preceding and contemporaneous agreements between the Company and the User. Any waiver of any provisions of these Terms and Conditions will be effective only if it is in writing and signed by both the Company and the User.
13.3 Severability
If any provisions of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions or terms and conditions or part thereof shall not in any way whatsoever be affected or impaired or invalidated thereby.
13.4 Assignment
We may assign or novate these Terms and Conditions to any third-party by written notice to You and You shall do all things necessary including but not limited to executing such documents as may be reasonably required to give effect to such assignment or novation.
13.5 No Transfer
The User shall not transfer any of its rights or obligations under these Terms and Conditions to any other parties without the written consent of the Company.
13.6 No Waiver
No failure to exercise or any delay in exercising any rights or remedies by the Company under these Terms and Conditions shall operate as a waiver thereof.
13.7 Forbearance
No forbearance whether intentionally or otherwise for the time being granted or shown by Us shall release or discharge You or in any manner affect or prejudice Our rights at any time to require strict or full performance by You of any or all of the provisions of or your obligations under this Terms and Conditions.
14. Update to Our Terms and Conditions
14.1 We reserve the right to add, remove, replace, amend, modify or revise any provisions under these Terms and Conditions at any time as We deem necessary and the latest Terms and Conditions shall take effect as soon as being published on the App and/or website. You agree that your continued use of the App, website and associated Services shall constitute your acceptance of these Terms and Conditions including any terms which may have been amended from time to time. You further agree that You are solely responsible to regularly check these Terms and Conditions for updates or amendments.
14.2 For the avoidance of doubt, the Company shall not be responsible for ensuring that the User is aware of any amendments to these Terms and Conditions.
14.3 The Company, in its absolute discretion but not under any obligation, may notify the User with regard to any amendments of these Terms and Conditions via email (if a valid email has been provided by the User to Us) or through the in-app messaging function in the application.
14.4 Should the User disagree with any amendments to these Terms and Conditions, the User shall discontinue using the App, website and associated Services immediately, and shall notify the Company to terminate the User’s Account with immediate effect.
15. Contact Us
You may address your feedback, queries or complaints in relation to the App, website and associated Services to Us via email at feedback@mobinity.app and We shall respond to you soonest possible during Business Day.
Last updated on: 8 February 2021