- The Terms contained herein constitute a legal agreement between you and MOVON SDN BHD (formerly known as ABLETECH MARKETING SDN. BHD.) (Company Registration No. 202101019895 (1420195-K)), its affiliates and subsidiaries (individually and collectively referred to as “MOVON”, “we”, “us” or “our”).
- MOVON reserves the right to change, modify, add, or remove portions of these Terms and/or MOVON Terms and Conditions at any time. Changes will be effective when posted on the Platform and with no other notices provided and you are deemed to be aware of and be bound by any changes to the foregoing upon their publication on the Platform.
- MOVON reserves the sole and absolute right to change, modify, suspend, or discontinue all or any part of the Platform or the Services at any time or upon notice as required by local laws from time to time without further notice.
- MOVON may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and MOVON shall not be held liable in such instances. MOVON may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or Services in its sole discretion and without notice or liability.
- MOVON reserves the sole and absolute right to refuse to provide you access to the Platform and/or Services, or to allow you to open an Account for any reason it deems reasonable.
- BY USING MOVON SERVICES OR REGISTERING AN ACCOUNT ON THE PLATFORM, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS CONTAINED HEREIN, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
- IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (“LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
USE OF PLATFORM AND/OR SERVICES
- MOVON grants you a limited, non-transferable, and revocable license to use the Platform and/or Services, subject to these Terms. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms shall result in the immediate revocation of the license granted herein without notice to you.
- Content provided on this Platform is solely for informational purposes only. Any submissions or opinions expressed on the Platform are those of the individual posting such content and does not in any way reflects MOVON’s opinions.
- Certain Services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you hereby agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every User of the Platform is solely responsible for keeping passwords and other Account identifiers safe and secure. The Account owner is entirely responsible for all activities that occur under such password or Account. Further to the above, in the event of any unauthorized use of your password or Account, you are required to immediately notify us of the same. MOVON shall not be responsible or liable, whether directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your failure to comply with this section.
USER-GENERATED CONTENT DISCLAIMER
- MOVON does not and cannot review all Content posted to or created by Users accessing the Platform and/or Services and is not in any manner responsible for the content of these communications or the activities of these Users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Platform and/or Services, MOVON is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the Users’ activities.
- Accordingly, MOVON does not guarantee the accuracy, integrity, completeness, non-infringement, or quality of such content. MOVON and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Platform and/or Services for inappropriate content. You understand that by using the Platform and/or Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will MOVON be liable in any way for any content, including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted on or via the Platform and/or Services.
- MOVON and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, MOVON reserves the right to block or remove communications, postings or materials that we determine to be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another; or (iv) offensive or otherwise unacceptable to us, based on our sole discretion.
- You are responsible for your own content and that of third parties that you may share through the Platform, that you create, deliver and post on or through the Platform, or that you transferred by any other means. You confirm that you have all the necessary consents from third parties whose data and/or content you share with on the Platform and hereby indemnify MOVON for any liability or claim arising against MOVON in connection with illegal distribution of third-party content or unlawful use of the Platform and/or Services.
- Notwithstanding Section 3.1 herein, MOVON reserves the right, but shall not be obliged to:
- monitor, screen or otherwise control any activity, content, or material on the Platform and/or through the Services. MOVON may in our sole and absolute discretion, investigate any violation of the Terms contained herein and may take any action we deem appropriate;
- prevent or restrict access of any authorised user to the Platform and/or the Services;
- report any activity we suspect to be in violation of any applicable law, statute, or regulation to the appropriate authorities and to cooperate with such authorities; and/or
- to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you have provided or if we have reasonable grounds to suspect that you have provided inaccurate, misleading, or fraudulent information and/or data.
SUSPENSION OR TERMINATION OF CONTENT
- MOVON does not moderate the Content provided by Users or by third parties but we may choose to suspend or terminate the display of such Content if:
- We receive complaints from other Users of the offensive Content;
- We receive a valid intellectual property infringement claim;
- We believe that we must do so in anticipation of, or as part of, legal actions;
- The action is requested by legal authorities; or
- We believe that such Content remaining accessible on or through the Platform may pose a risk to Users, third parties, the Platform, Services and/or MOVON.
- In the event of a suspension, whereby MOVON chooses to suspend your right to access or use any portion or all of the Platform and/or Services.
- If you believe that your Content that has been removed from the Platform is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Content, you may send a counter-notice containing the following information to MOVON using the contact information provided under Section 14 herein as follows:
- Your physical or electronic signature;
- A description of the Content that was removed and the location at which the Content appeared before it was removed;
- A statement that you have a good faith belief that the Content was removed as a result of a mistake or a misidentification of the Content;
- Your name, address, telephone number, email address, a statement that you consent to the jurisdiction of the courts in Malaysia and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by MOVON, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, or member of the User, the removed Content may (solely based on our discretion) be reinstated on the Platform in ten (10) to fourteen (14) days or more after receipt of the counter-notice.
- You are hereby granting us a non-exclusive license to use the Content, materials, or information that you submit to the Platform and/or provide to use, including but not limited to, questions, reviews, comments, and suggestions (individually and collectively referred to as “Submissions”).
- When you post comments or reviews on the Platform, you also hereby grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content.
- You shall not use a false e-mail 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 without further notice to you.
- Your permission to use the Platform is based on the Terms contained herein. You hereby agree that you will not under any circumstances commit the following actions:
- Use, display, mirror or frame the Platform or any individual element within the Platform, MOVON’s name, any of MOVON’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the Platform, without MOVON’s express written consent;
- Access, tamper with, or use non-public areas of the Platform, MOVON’s computer systems, or the technical delivery systems of MOVON’s providers;
- Attempt to probe, scan or test the vulnerability of any of MOVON’s system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MOVON or any of MOVON’s providers or any other third party (including other Users) to protect the Platform;
- Use any meta tags or other hidden text or metadata utilizing MOVON trademark, logo URL or product name without MOVON’s express written consent;
- Use the Platform, or any portion thereof, for any commercial purpose for the benefit of any third party other than as permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;
- Collect or store any personally identifiable information from the Platform or from other Users of the Platform without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Platform available to any third party;
- Use the Platform for any unlawful purpose or for the promotion of illegal activities;
- Use the Platform to attempt to, or harass, abuse or harm another person or group;
- Use another User’s account without permission;
- Interfere or attempt to interfere with the proper functioning of the Platform;
- Make any automated use of the Platform, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Attempt to decipher, reverse engineer, decompile, or disassemble any portion of the Platform or the software used to provide the Services;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Platform or use any software, technology, or device to scrape, spider, or crawl the Platform or harvest or manipulate data;
- Publish or link to malicious content intended to damage or disrupt another User’s browser, computer, or mobile device; or
- Encourage or enable any other individual to do any of the foregoing.
- agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and MOVON; and
- shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without MOVON prior written consent.
- Users in possession of another User’s personal data through the use of the Services (“Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (“Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
TRADEMARKS AND COPYRIGHTS
- All intellectual property rights, whether registered or unregistered, on the Platform, information content on the Platform and all the website design, including but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as the “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform are also protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
- MOVON grants you a limited, non-transferable, and revocable license to access and use the Services subject to the terms and conditions of these Terms. No right or license is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title, or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform, and its Content.
- No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment, any Intellectual Property without our prior written consent or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title, or interest therein. You are hereby restricted from copying, distributing, republishing, transmitting, publicly displaying, publicly performing, modifying, adapting, renting, selling, or creating derivative works of any portion of the Services, the Platform, or its Content. You shall not, without our prior written consent, mirror or frame any part or whole of the Content of the Platform on any other server or as part of any other website. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
ACCOUNTS AND SECURITY
- You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your Account at the end of each session on the Platform, (c) immediately notify MOVON of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up to date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. MOVON will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this section.
- You agree that MOVON may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Platform any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that MOVON deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Platform for the purpose of commercial re-sale, (f) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Platform), or (g) behaviour that is harmful to other Users, third parties, or the business interests of MOVON. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, MOVON may terminate your Account immediately with or without notice.
- Users may terminate their Account if they notify MOVON in writing (of their desire to do so). Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), payment for the product, or the like, and Users must contact MOVON after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms. MOVON shall have no liability and shall not be liable for any damages incurred due to the actions taken in accordance with this section. Users waive any and all claims based on any such action taken by MOVON.
- NOTWITHSTANDING THE TERMS CONTAINED HEREIN, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PLATFORM AND SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR SATISFACTORY QUALITY. WITHOUT LIMITING THE FOREGOING, MOVON MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THIS PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INTRUCTIONS, PROGRAMS OR COMPONENTS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE PLATFORM.
LIMITATION OF LIABILITIES
- MOVON and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
- the use, disclosure, or display of your User Content;
- any access, use and/or inability to use the Platform or the Services;
- reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
- any other interactions with MOVON or any other User of the Platform, whether based on warranty, contract, tort (including negligence, fraud, or any other legal theory), and whether or not MOVON has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive, or corrupting code, agent program or macros; and
- any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
- Any risk of misunderstanding, error, damage, expense, or losses resulting from the use of the Platform and/or Services is entirely at your own risk and MOVON shall not be liable, therefore.
- For your convenience purposes, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control, and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy, or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to our use of such linked websites or content is entirely at your own risk.
- In no event will MOVON’s liability to you exceed the amount you actually pay us for the usage of the Platform and/or Services (if any) that gave rise to the claim during the twelve (12) months preceding the claim.
APPLICABLE LAW AND JURISDICTION
- These Terms and/or other MOVON Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to Section 12 on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.
- Any controversy, claim or dispute arising out of or relating to these Terms and/or other MOVON Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consist of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.
- Notwithstanding the foregoing, MOVON reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
- In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms and/or other MOVON Terms and Conditions. Upon any termination of these Terms and/or other Terms and Conditions, you shall immediately cease all access to and use of the Platform and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and Account identification issued to you and deny your access to and use of this Platform in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the Parties arising before the date of termination. You furthermore agree that MOVON shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform, Services and/or with any terms, conditions, rules, policies, guidelines, or practices of MOVON, in operating the Platform and/or providing services, your sole and exclusive remedy is to discontinue using the Platform.
QUESTIONS, CONCERNS OR COMPLAINTS? CONTACT US
- If you have any questions or concerns about these Terms or your dealings with the Platform and/or Services, please do not hesitate to contact us at: 03-2779 2921
- If you have any complaint or grievance regarding these Terms, Platform and/or the Services, we welcome you to contact us with your complaint or grievance. Please contact us through email with your complaint or grievance at:
E-mail: email@example.com and attention it to the “Legal and Compliance Department”.