TERMS AND CONDITIONS

• Introduction
  Welcome to the AKI mobile app & website:www.akiapp.com (the platform (app/website)). Please read the Terms and Conditions (the "Terms and Conditions") set forth below, as they apply to your access and use of our Services, including our platform (app/website), APIs, email, notifications, applications buttons and widgets (the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the "Content").
  
  By accessing the platform (app/website), you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use the platform (app/website).
• Other applicable terms
  • These Terms and Conditions refer to the additional terms in our Privacy Policy Statement, which also apply to your use of our Services.
  • Our Privacy Policy Statement sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Malaysia for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your AKI account (AKI app & website: www.akiapp.com), which you may not be able to opt-out from receiving.
• Definition
  The following terms shall have the following respective meanings:
  • "AKI" means Appower Studio Sdn. Bhd. (Company Registration Number: 1006046-D), a company incorporated in Malaysia under the Companies Act and having its registered office at address: Level 5-03A. ikon Connaught, Jalan Cerdas, Taman Connaught, 56100 Cheras, Kuala Lumpur, Malaysia;
  • "User" means Members and Non-members who are granted the Services provided by AKI in accordance with this Agreement;
  • "Member" means any individual or business who has registered himself/herself/ itself as member according to registration process established by AKI and who is provided the information on AKI on a consistent basis and is able to use the Services provided by AKI;
  • "Non-Member" means any person who uses the Services provided by AKI without having registered itself as the Member;
  • "Buyer" means any person who accepts a quotation of AKI for the supply of Products;
  • "Conditions" mean the general Terms and Conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and AKI;
  • "Contract" means the contract for the purchase and sale of Products, howsoever formed or concluded;
  • "Products" means the products which AKI is to supply in accordance with a Contract; and
  • "Writing" includes email and any comparable means of communication.
• Changes of terms
  We may amend the Terms and Conditions from time to time at our sole discretion without notice or liability to you. Please check these Terms and Conditions of use regularly for updates. By continuing to use the Services following such amendments to the Terms and Conditions, you agree to be bound by such amendments.
• Changes to our services
  • The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to User generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
  • We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our platform (app/website) is accurate, complete or up-to-date.
• Your membership and password
  • Certain services and related features that may be made available on the platform (app/ website) may require registration. Should you choose to register as a Member for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters and numbers) with your account. You must treat such information as confidential. You must not disclose it to any third party. AKI cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
  • We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
  • If you know or suspect that anyone other than you knows your password, you must promptly notify us at: [email protected]
• Your licence to use the services
  AKI grant you a non-transferable and revocable license to use the platform (app/website) that is provided to you by us as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by AKI, in the manner permitted by these Terms and Conditions.
• Use of the services
  • We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
  • We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate User, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of AKI its User and the public.
  • We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our platform (app/website). You should use your own virus protection software.
  • You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, AKI's computer systems, or the technical delivery systems of AKI's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those Terms and Conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, ending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail- bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
  • We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
  • You are responsible for making all arrangements necessary for you to have access to our Services.
  • You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms and Conditions and other applicable Terms and Conditions, and that they comply with them.
  • Content provided on the platform (app/website) is solely for informational purposes. Product representations expressed on the platform (app/website) are those of the vendor and are not made by us.
  • Before purchasing any Products, the Buyer must accurately confirm the terms of the transaction and the detailed description of the Products on the platform (app/website). The Buyer shall be responsible for all losses and damages arising out of or in connection with any purchase made without confirming the foregoing.
  • The Buyer shall comply with this Agreement and all notices posted on the Service page by AKI. The Buyer shall be responsible for all losses and damages arising out of or in connection with its breach or failure to perform the terms of this Agreement or such notices.
  • In case of the occurrence of grounds for withdrawal of an application for a Contract concerning the Products purchased by the Buyer, the Buyer shall not arbitrarily use such Products or leave the Products to be damaged. In the event such Products are arbitrarily used or damaged due to inadequate storing of such Products, the reasonable expenses shall be borne by the Buyer.
  • The Buyer shall be responsible and liable for the information provided by the Buyer in connection with the payment of the purchase price and any disadvantages arising out of such information.
  • In the event the payment is not made within seven (7) business days (excluding Saturday, Sunday and public holidays in Kuala Lumpur) from the date on which the purchase order is placed, it shall be deemed that the order has been cancelled, and the relevant order shall be automatically cancelled.
  • AKI may confirm whether the Buyer has the justifiable right to use the means of payment used by the Buyer and may stop or cancel the transaction until such confirmation is completed.
  • AKI shall manage various facilities and materials in order to provide safely the Services to the Buyer. AKI shall confirm whether such Services is used consistently with the purpose of such Services, and in the event AKI finds that the Buyer has used the Services in contravention of the purpose of such Services, AKI may request the Buyer to explain the reason therefor.
  • In the event AKI posts the information provided by its partners, or provides the reference information or contents provided by a third party at AKI platform (app/website). or through links, for the convenient use of the Services for the Buyer, the Buyer shall, at its own decision and risks, purchase the Products, for which AKI shall have no liability whatsoever.
  • In the event a person who is a minor purchases the Products, his or her legal representative must consent to the relevant agreement. If no such consent has been provided, the minor or the legal representative may cancel the agreement. Any detailed matters relating to the transactions undertaken by the minor shall be handled in accordance with the related laws and regulations.
• Order acceptance and pricing
  Please note that there are cases when an order cannot be processed for various reasons. The platform (app/website) reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to contact number and address, before we accept the order.
  
  We are determined to provide the most accurate pricing information on the platform (app/website) to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the the platform (app/website). As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.
• Basis of the Contract
  • The supply of Products by AKI to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other Terms and Conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
  • Any information made available in the platform (app/website) connection with the supply of Products are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
  • Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by AKI in the platform (app/website) shall be subject to correction without any liability on the part of AKI.
• Orders and Specifications
  • Order acceptance and completion of the Contract between the Buyer and AKI will only be completed upon AKI issuing a confirmation of dispatch of the Products to the Buyer. For the avoidance of doubt, AKI shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch.
  • No concluded Contract may be modified or cancelled by the Buyer except with the agreement in Writing of AKI and on terms that the Buyer shall indemnify AKI in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by AKI as a result of the modification or cancellation, as the case may be.
• Price
  The price of the Products and/or Services shall be the price stated in the platform (app/ website) at the time which the Buyer makes its offer purchase to AKI. The price excludes the cost of packaging and delivery charges, any applicable Products and services tax, value added tax or similar tax which the Buyer shall be liable to pay to AKI in addition to the price.
• Terms of Payment
  • The Buyer shall be entitled to make payment for the Products pursuant to the various payment methods set out in the platform (app/website). The Terms and Conditions applicable to each type of payment, as contained in the platform (app/website), shall be applicable to the Contract.
  • The transaction must be payable in (RM) Ringgit Malaysia. AKI, in its sole discretion, may refuse this payment option service to anyone or any User without notice for any reason at any time.
  • If you failed to make full payment within seven (7) business days (excluding Saturday, Sunday and public holidays in Kuala Lumpur), the order will be treated as cancelled without any notice.
  • In addition to any additional terms contained in the platform (app/website), the following terms shall also apply to the following types of payment:
  • Electronic Fund Transfer
    • by choosing electronic Electronic Fund Tranfer, kindly transfer the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs) to:
      Bank: CIMB Bank
      Company Name: Appower Studio Sdn. Bhd.
      Bank Account Number: 8600 1234 66
    • for interbank fund transfer, order shall be proceed only after the payment has been cleared;
    • when the payment is successfully made, please email us a print screen of the payment details page to: [email protected]. Also kindly provide the Order ID (check this in your Order History in "My Account”); and
    • please keep a copy of the successful transaction information once the fund transfer is completed for future reference and may be needed for order payment verification by us at anytime.
  • Cash Bank-In / Fund Transfer via ATM
    • by choosing Cash Bank-In or Fund Transfer via ATM, kindly bank-in or transfer the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs) to:
      Bank: CIMB Bank
      Company Name: Appower Studio Sdn. Bhd.
      Bank Account Number: 8600 1234 66
    • for interbank fund transfer, order shall be proceed only after the payment has been cleared;
    • once you have successfully bank-in the amount, please email us the bank-in slip to: [email protected]. Also kindly provide the Order ID (check this in your Order History in "My Account”); and
    • please keep the bank-in slip as your proof of payment and we may ask for it any time in order to process your order and verification.
  • Cheque
    • by choosing cheque payment, the cheque must be crossed and made payable to: Appower Studio Sdn. Bhd. kindly deposit the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs) to:
      Bank: CIMB Bank
      Bank Account Number: 8600 1234 66
    • order shall be proceed only after the cheque has been cleared. For local cheque (Malaysia), it normally takes about 2 to 3 business days for clearance;
    • once you have successfully cheque deposit the amount, please email us the cheque deposit receipt to: [email protected]. Also kindly provide the Order ID (check this in your Order History in "My Account”); and
    • please keep the cheque deposit receipt as your proof of payment and we may ask for it any time in order to process your order and verification.
• Use of the Discount Code/Discount Coupons
  • AKI may issue discount code/discount coupons, which provide discount of fixed amount or rate to relevant Member in the event the Member purchase the Products by using the purchasing Services.
  • The Member has the right to use the discount code/discount coupons only for his or her own purchases, and the Member shall not, under any circumstances, engage in de-facto sale or transfer of such discount code/discount coupons to any other person.
  • The use of the discount code/discount coupons may be restricted depending on certain items or amount, and such discount code/discount coupons cannot be used after the expiration of their respective expiry date. The discount code/discount coupons may not be reusable after any refund is made due to cancellation or the return of the Products.
  • Any discount code/discount coupons provided to the Buyer may not be used in multiple for the purchase of one (1) Product; provided, however, that to the extent the issuer of such discount code/discount coupons is different (company or Seller), it may be possible to use multiple coupons for the purchase of one (1) item.
• Delivery/Performance
  • Delivery of the Products shall be made to the address specified by the Buyer in its order.
  • AKI has the right at any time to sub-contract all or any of its obligations for the sale/ delivery of the Products to any other party as it may from time to time decide without giving notice of the same to the Buyer.
  • Any dates quoted for delivery of the Products are approximate only. The time for delivery/performance shall not be of the essence, and AKI shall not be liable for any delay in delivery or performance howsoever caused.
  • If the Buyer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of AKI's fault) then without prejudice to any other right or remedy available to AKI, AKI may:
    • Sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
    • Terminate the Contract and claim damages.
• Risk and property of the Products
  • Risk of damage to or loss of the Products shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Products, the time when AKI has tendered delivery of the Products.
  • Notwithstanding delivery and the passing of risk in the Products or any other provision of these Conditions the property in the Products shall not pass to the Buyer until AKI has received in cash or cleared funds payment in full of the price of the Products and all other Products agreed to be sold by AKI to the Buyer for which payment is then due.
  • Until such time as the property in the Products passes to the Buyer, the Buyer shall hold the Products as AKI's fiduciary agent and bailee and shall keep the Products separate from those of the Buyer.
  • The Buyer agrees with AKI that the Buyer shall immediately notify AKI of any matter from time to time affecting AKI's title to the Products and the Buyer shall provide AKI with any information relating to the Products as AKI may require from time to time.
  • Until such time as the property in the Products passes to the Buyer (and provided the Products are still in existence and have not been resold) AKI shall be entitled at any time to demand the Buyer to deliver up the Products to AKI and in the event of non-compliance AKI reserves it’s right to take legal action against the Buyer for the delivery up the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
  • The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of AKI but if the Buyer does so all moneys owing by the Buyer to AKI shall (without prejudice to any other right or remedy of AKI) forthwith become due and payable.
  • If the provisions in this Clause 16 are not effective according to the law of the country in which the Products are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this Condition, and the Buyer shall take all steps necessary to give effect to the same.
  • The Buyer shall indemnify AKI against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of AKI's rights under this Condition.
• Our trademarks and copyrights
  • All intellectual property rights subsisting in respect of the Services and all the website design, including, but not limited to, text, graphics, data files, software, photos, video, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall belong to AKI or have been lawfully licensed to AKI for use in connection with the Services. The entire contents of the platform (app/website) also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the platform (app/website) itself or create derivative works with respect thereto, as the platform (app/ website) is copyrighted under applicable laws.
  • Anything that you submit to the platform (app/website) and/or provide to us, including but not limited to, graphics, photos, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Submissions. In addition to the rights applicable to any Submission, when you post comments or reviews to the platform (app/website), you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
• Your rights
  • You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to copy, display, use, reproduce, publish, distribute, transmit such postings and prepare compilation works and derivative works from such Content throughout the world in any media.
  • You agree that this licence includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organisations or individuals who partner with AKI for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our Terms and Conditions for such Content use.
  • Such additional uses by AKI or other companies, organisations or individuals who partner with AKI may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
  • We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
  • You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. AKI will not be responsible or liable for any use of your Content by AKI in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You shall be responsible for any civil and criminal liabilities such as infringement of the copyright related to the relevant Content.
• Limited liability and warranty
  Please read this section carefully since it limits the liability of AKI and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the, "Entities of AKI"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.
  • YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS", and, "AS AVAILABLE." THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE ENTITIES OF AKI MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  • THE ENTIRE LIABILITY OF THE ENTITIES OF AKI ENTITIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
  • IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES OF AKI EXCEED FIVE HUNDRED MALAYSIAN RINGGITS (MYR 500).
  • The Entities of AKI shall not guarantee or assume any responsibility that:
    • the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
    • the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
    • messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
    • access to the Services will be available or be uninterrupted;
    • use of the Services will achieve any particular result; or
    • defects in the Services will be corrected.
  • Without limiting the generality of the foregoing, in no event will the Entities of AKI be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the services, even if any of the Entities of AKI has been advised of the possibility of such loss or damages.
  • You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements.
  • Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms and Conditions or otherwise, you are advised to contact us at: [email protected]. No such lack of response shall be deemed to constitute any acquiescence or waiver.
  • The limitation of liability contained in these Terms and Conditions will apply to the fullest extent permitted by applicable laws.
• Force Majeure
  • AKI shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of AKI's obligations if the delay or failure was due to any cause beyond AKI's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond AKI's reasonable control:
    • act of God, explosion, flood, tempest, fire or accident;
    • war or threat of war, sabotage, insurrection, civil disturbance or requisition;
    • acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
    • import or export regulations or embargoes;
    • interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of AKI or of a third party);
    • interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery; or
    • power failure or breakdown in machinery.
  • Upon the happening of any one of the events set out in Clause 20.1 AKI may at its option:
    • fully or partially suspend delivery/performance while such event or circumstances continues; or
    • terminate any Contract so affected with immediate effect by written notice to the Buyer and AKI shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
• Content on the services
  • All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.
  • You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  • Any Content you upload to our platform (app/website) will be considered non- confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our platform (app/website) constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other User of our platform (app/website).
  • The views expressed by other User on our platform (app/website) do not represent our views or values. We do maintain the right to remove any posting you make on our platform (app/website) if, in our opinion, your post does not comply with our Content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive.
  • Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind, incurred directly or indirectly as a result of the use of the Services by any third party, including without limitation any defamatory, offensive, or illegal conduct of the third party, or the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.
  • We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
• Content copyright policy
  • AKI respects the intellectual property rights of others and expects User of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the copyright owner.
  • We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a User's account if the User is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is: [email protected]
• Linking to us
  You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any app or website that is not owned by you. We reserve the right to withdraw linking permission without notice.
• Third party links and resources in our platform (app/website)
  • The links from the Services may take you to other app/websites or services and you acknowledge and agree that AKI has no responsibility for the accuracy or availability of any Information provided by third parties services and app/websites.
  • The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by AKI on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that AKI and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
  • Links to other app/websites and services do not constitute an endorsement by us of such app/websites or services, or the Information, products, advertising or other materials available made available by such third parties.
• Indemnity
  You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms and Conditions and/or your use of the platform (app/website). We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
• Severance
  The illegality, invalidity or unenforceability of any provision of these Terms and Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
• Several Users
  If there are two or more persons adhering to these Terms and Conditions as User, their liability under the Terms and Conditions is joint and several, and their rights are joint.
• Waiver
  No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
• Termination
  • The Terms and Conditions will continue to apply until terminated by either you or us as follows.
  • You may end your agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
  • We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms and Conditions or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
  • In all such cases, any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
  • Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Clause 5 Changes to our services.
• Governing law and jurisdiction
  These Terms and Conditions shall be governed by the laws in force in Malaysia. Subject to the Arbitration section below, you agree to submit to the exclusive jurisdiction of the courts of Malaysia.
• Arbitration
  Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, AKI reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
• Languages
  • This Agreement is drafted in the English language. If this Agreement is translated into any other language, the English language version shall prevail.
  • Any notice given under or in connection with this Agreement shall be in the English language.

Last updated: 25 December 2016