Terms of Use and Services

1.
General

These are the terms of use and services (“Terms”) of MakeTimePay Sdn Bhd (Company No: 1373558-V). The access to and use of this website and/or mobile application and/or the services on this website and/or mobile application (collectively, the “Services”) are subject to these Terms.

The Services are an online ecosystem that facilitates the proliferation of opportunities primarily for on-demand work for the Users.

By accessing and using the Services, you agree to comply with and be bound by these Terms which shall be applicable to all Users of the Services. If you are using and accessing the Services for and on behalf of a business entity, the term “you” in these Terms shall mean the business entity in which you are representing in using the Services, unless the context does not permit.

You are advised to read these Terms carefully as these affect your rights and liabilities under applicable laws and regulations in Malaysia. If you do not agree to these Terms, you should not use the Services.

2.
Key terms

The following terms shall have the following respective meanings:

  • 2.1

    Account” means an account created with MTP via the website and/or mobile application for full use of and access to the Services;

  • 2.2

    Applicant” means a Job Applicant or a Task Applicant;

  • 2.3

    Application” has the definition prescribed to it under Clause 8.3(a);

  • 2.4

    Engagement” means Task Engagement and/or Job Engagement;

  • 2.5

    Intellectual Property Rights” means any patent, copyright, registered design, trade mark, right in design, service mark, right under licence or other industrial or intellectual property right, whether or not any of them are registered and including applications for registration of any of the foregoing and all forms of protection of a similar nature or having similar effect which may subsist in Malaysia and/or anywhere in the world.

  • 2.6

    Job” means a full-time employment position that is payable with the Job Fees;

  • 2.7

    Job Applicant” means a Job Seeker who has successfully submitted an application for a Job Listing in accordance with Clause 8.3;

  • 2.8

    Job Engagement” has the definition prescribed to it under Clause 10.2;

  • 2.9

    Job Fees” means the wages payable by the Job by the Job Poster to the Job Seeker pursuant to the delivery of services on terms to be mutually agreed upon by the Job Seeker and the Job Poster;

  • 2.10

    Job Holder” means a Job Applicant that has been successfully engaged by a Job Poster in accordance with Clause 10.2;

  • 2.11

    Job Poster” means Users that are accessing and/or using the Services for the purposes of posting Task Listings and seeking candidates to carry out tasks for and on its behalf;

  • 2.12

    Job Seeker” means Users that are accessing and/or using the Services in search of a Job(s) and/or other similar income opportunities;

  • 2.13

    Listings” has the definition prescribed to it under Clause 7.1;

  • 2.14

    MTP” means MakeTimePay Sdn Bhd [Company No: 1373558-V], having its registered office at no.16-2, 2nd floor, Jalan 1/76C, Desa Pandan, 55100 Kuala Lumpur, Wilayah Persekutuan, Malaysia;

  • 2.15

    Posters” mean Task Posters and Job Posters;

  • 2.16

    Seekers” mean Task Seekers and Job Seekers;

  • 2.17

    Services” means the various services and functions that are made available on this website and/or mobile application as provided by MTP;

  • 2.18

    Task” means a project or short-term assignment for whatever duration necessary that is payable, upon completion, with the Task Fees;

  • 2.19

    Task Applicant” means a Task Seeker who has successfully submitted an application for a Task Listing in accordance with Clause 8.3;

  • 2.20

    Task Engagement” has the definition prescribed to it under Clause 10.1;

  • 2.21

    Task Fees” means the fees payable by the Task Poster to the Task Seeker pursuant to the completion of a Task(s) as delivered by the Task Seeker in accordance with the Task Listings;

  • 2.22

    Task Holder” means a Task Applicant that has been successfully engaged by a Task Poster in accordance with Clause 10.1;

  • 2.23

    Task Seeker” means Users that are accessing and/or using the Services in search of a Task(s) and/or other similar income opportunities;

  • 2.24

    Third-Party Websites and/or Social Media Platforms” has the definition prescribed to it under Clause 7.1;

  • 2.25

    User” means any person, individual or corporate entity using the Services as provided by MTP, including but not limited to Seekers and Posters.

3.
Effect
  • 3.1

    We reserve our right to change, modify, add or remove these Terms or any part thereof, at any time. Changes will be effective when posted via the Services. You may determine when we last changed these Terms by referring to the ‘Last Updated’ statement above. We shall not be responsible for any damage suffered or sustained by you in connection with your failure to understand the amended Terms. Your continued access to and use of the Services following the posting of the amended Terms constitute your acceptance to abide and be bound by the amended Terms.

  • 3.2

    You shall comply with these Terms and shall be solely responsible for all loses and damages arising out of or in connection with your breach or failure to comply with these Terms.

4.
Right to use and restrictions
  • 4.1

    You are responsible for the access to and use of the Services, including obtaining the necessary data network access, even if the access is by another person.

  • 4.2

    You are accessing and using the Services at your own risk. We shall not be liable for any damage to, or viruses or other codes that may affect any hardware or device, software, data or other property as a result of your access to and use of the Services.

  • 4.3

    You may only access the Services using authorised means. It is your responsibility to check and ensure that you have downloaded and/or updated the correct software for the hardware and device for your access to and use of the Services. We do not guarantee that the Services, or any part thereof, will function as intended on any particular hardware or device. We are not liable if you do not have compatible hardware or a compatible device or if you have downloaded the wrong version of the software on your hardware or device.

  • 4.4

    You shall access and use the Services in accordance with any instructions for access to and use of the Services which we may make from time to time, these Terms and regulations at the time being in force in Malaysia.

  • 4.5

    You shall not:

    • (a)

      impersonate any person or party or falsely declare, distort or misrepresent your affiliation with any person or party in connection with the Services, or express or imply that we endorse any statement you make;

    • (b)

      in any way damage or disrupt the Services and/or the operation of the Services;

    • (c)

      use the Services for any fraudulent, unauthorised or unlawful purpose;

    • (d)

      deliberately and knowingly provide information or content that is false, misleading, inaccurate, illegal, threatening, obscene, hateful, libellous or defamatory;

    • (e)

      use the Services to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation other’s privacy rights;

    • (f)

      use the Services in a manner that may be contrary to our interests and/or the interest of other Users;

    • (g)

      introduce or allow the introduction of computer viruses and/or other computer programming routines such as any viruses, malware, unsolicited e-mails, Trojan horses, trap doors, back doors, worms, time bombs or cancelbots that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, relating to or in connection with the Services;

    • (h)

      reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services;

    • (i)

      modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services;

    • (j)

      infringe upon any other person’s proprietary rights, or remove any copyright, trade mark or other proprietary rights notice from the Services or materials origination from the Services; and/or

    • (k)

      use the Services in a manner that is in breach of any laws and regulations in Malaysia.

  • 4.6

    We reserve the right to:

    • (a)

      check, vet and/or control any activity, content or information occurring on or through the Services;

    • (b)

      investigate any infringement of these Terms and take any appropriate action thereafter;

    • (c)

      restrict your access to and use of the Services if you violate any of the items stated in Clause 4.5 above; and/or

    • (d)

      report any suspicious activity concerning the possible transgression of any applicable law or regulation to the appropriate authorities and to cooperate with such authorities.

  • 4.7

    Subject to your compliance with Clause 4.5, you are permitted to upload and share material, information and content in respect of your use of the Services.

  • 4.8

    You agree and acknowledge that you are solely responsible and liable for any material, information and content that you upload and share in respect of your use of the Services and any loss or damage which you or any third party suffer as a result of such material, information and content is solely your responsibility.

  • 4.9

    You agree and understand that we shall have the sole discretion to refuse, delete or remove any material, information and content that you have uploaded and shared via the Services, including but not limited to the following:

    • (a)

      Where such material, information and/or content are in breach of these Terms or violate any law or regulation;

    • (b)

      Where such material, information and/or content contain incomplete, false or inaccurate information about any other User or person;

    • (c)

      Where we have received a complaint from other Users of the Services, which following an investigation by us, is found to be legitimate, well-founded and/or genuine; and/or

    • (d)

      Where we have received a notice or complaint of infringement, which following an investigation by us, is found to be legitimate, well-founded and/or genuine.

5.
Availability
  • 5.1

    We endeavour to make the Services available twenty-four (24) hours a day, however we cannot be liable if for any reason the Services are unavailable for any time or for any period. We make no warranty or guarantee that your access to and use of the Services will be continuously uninterrupted or error-free.

  • 5.2

    Access to and use of the Services may be suspended or withdrawn temporarily or permanently at any time and without notice if such action is deemed necessary by us. We may temporarily suspend the provision of the Services due to repair, maintenance, checking, replacement, breakdown of communication facilities or introduction of new facilities and functions. We shall not be liable for any damages or losses that you may suffer or sustain as a result of temporary or permanent suspension of the Services.

6.
Confidentiality

Through your access to and use of the Services, you may be allowed to access or view information which is confidential in nature, whether or not such information is expressly stated to be confidential. Such information may pertain to us or to other parties. Where you are able to access or view such information, you warrant and represent that unless such disclosure is expressly provided for under these Terms, you will not and will not allow other parties to disclose or reproduce such information without the prior approval of the owner of such information provided always that you may disclose such information if: (a) such information is already in the public domain otherwise than by disclosure by you; (b) the information was lawfully obtained or available from a third party who is lawfully in possession of the same and is free to disclose it; or (c) the disclosure of such information is required by law.

7.
Account
  • 7.1

    We may make available advertisements, advertising of Task and Job opportunities and other income generating content as posted by Posters or via links of other websites and social media platforms (“Third-Party Websites and/or Social Media Platforms”) (“Listings”) through the provision of the Services.

  • 7.2

    Although browsing or searching for Listings via the Services is free, you would be required to register and create an Account in order to access and use some aspects of the Services (e.g. submitting Applications and posting Listings) prior to using the Services, pursuant to which you may be required to provide certain information to us, including but not limited to your name, address, contact details, banking details and any other information as may be deemed necessary. You are responsible to update the said information from time to time to ensure that it is accurate, complete, up to date and truthful.

  • 7.3

    By creating an Account, you represent and warrant that:

    • (a)

      If you are under eighteen (18) years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible and liable for all your activities in respect of the use of the Services;

    • (b)

      If you are a corporate User, the individual who creates and registers the Account on your behalf is the authorised representative of your corporation and that your corporate entity shall remain solely responsible for all activities of the Account;

    • (c)

      You have accepted our MTP’s Personal Data Protection Notice (which will form part of these Terms) [insert hyperlink]; and

    • (d)

      You will comply with all applicable laws with respect to your activities in using the Services.

  • 7.4

    When you register for an Account, you will be required to create a username and password. You are solely responsible for keeping your login details secure and preventing any unauthorised person from using your Account. If your Account has been compromised, you must inform us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Account, we may require you to change your username or password, or we may suspend your Account without prior notice. We will not be liable for any misuse or unauthorised use of your Account due to your failure in keeping your login details secure and preventing unauthorised use of your Account.

  • 7.5

    You recognise that any access to and/or use of your Account, and any information, data or communications referable or traceable to your username and password shall be deemed to be (a) access to and/or use of your Account by you; or (b) information, data or communications posted, transmitted and validly issued by you. You agree to be bound by such access to and/or use of your Account and you agree that we are entitled to act upon and hold you responsible and liable for such action, as if carried out or transmitted by you. You also agree to indemnify us against any and all losses, attributable to any access to and/or use of your Account referable or traceable to your username and password.

  • 7.6

    You may be required to provide us with additional information or documentation from time to time for the purpose of confirming or verifying, including but not limited to, your identity, age, your banking details or for such other purpose as may be deemed necessary.

  • 7.7

    Unless expressly permitted by MTP and subject to these Terms and any other terms as MTP determines, you shall not create multiple Accounts. You are prohibited from lending, transferring or selling your Account and must not use another person’s Account without their permission. You also agree and understand that we may, at our sole discretion, refuse to register any personal as a User.

  • 7.8

    You are allowed to delete your Account at any time. Deletion of your Account shall be subject to:

    • (a)

      There not being any outstanding fees or amounts owing on the Account; and

    • (b)

      There not being any outstanding resolutions to any disputes which may have arisen, or been lodged by any other party in the course of recent engagements related to a Job(s) and/or Task(s).

  • 7.9

    You agree and understand that you will lose all information related to your Account and use of the Services upon the suspension or deletion of your Account, however, deleting your Account does not guarantee the deletion or removal of all of the information that we possess in respect of your Account, as we may retain some of your information in accordance with our Personal Data Protection Notice [insert hyperlink].

  • 7.10

    For avoidance of doubt, we reserve the right to:

    • (a)

      Suspend or delete your Account and/or your access to or use of the Services at any time, for any breach of the Terms;

    • (b)

      Suspend or delete your Account and/or your access to and/or use of the Services at any time, for any reason, and without any prior notice; and

    • (c)

      Alter, limit, modify, suspend or discontinue your access to and/or use of the Services, or any part thereof, at any time for any reason and without any prior notice.

8.
Terms and conditions applicable to Seekers
  • 8.1

    Listings are created and provided by Posters and other third parties over whom we do not exercise control over. The Listings, the content therein and/or any conditions imposed therein that are created, provided and linked from other third parties are not within our control. If you leave the Services and choose to enter into Third-Party Websites and/or Social Media Platforms you shall be governed by any terms and conditions imposed by that third party.

  • 8.2

    For the avoidance of doubt, you understand and acknowledge that we do not have control over and shall not be responsible or liable for, any of the following:

    • (a)

      The quality, safety, legality or morality of any aspect of the Listings listed or posted on the Services; or

    • (b)

      (b)The truth, completeness, reliability, legality or accuracy of the Listings, the authority of Posters or any other third party to provide or create the Listings, the ability of the Posters and/or any other third party to pay for your services provided pursuant your acceptance of the Task and/or Job, and any other information submitted by the Poster and/or third party.

  • 8.3

    Application for Listings

    • (a)

      You may submit your resume and/or application information in applying for a Task and/or Job as posted by the Posters via Listings (“Application”) through the Services. If you wish to submit your Application for Listings as created, provided or linked from any other third party, you will be redirected to the Third-Party Websites and/or Social Media Platforms and shall be governed by any terms and conditions imposed by that third party.

    • (b)

      Once you have submitted your Application to a Poster and/or third party, we do not have control over the Poster’s and/or third party’s use or disclosure of that information.

  • 8.4

    When you submit an Application via the Services, we will attempt to send your Application to the Poster. You understand and acknowledge that we cannot guarantee that the Poster will receive, be notified of, have access to, read, acknowledge or respond to your Application or that there will be no error in the transmission or storage of your Application and any information related therein. However, we will endeavour to notify you if any of the aforementioned events occur.

  • 8.5

    When you submit an Application via the Services, you agree to us conducting an automated processing in relation to your Application and any correspondences between you and the Poster through the Services will be processed and analysed by us according to these Terms.

  • 8.6

    You understand and acknowledge that we will not be responsible for any of the content of the Listings, assessment criteria, hiring and interviewing process and/or the determination in respect of your Application by the Posters and/or third parties. Additionally, we do not guarantee that the Poster and/or third party will consider your Application or make a particular determination in respect of your Application.

  • 8.7

    We may use your information to calibrate your interest in a Listing and may communicate with you in respect of other prospective Listings.

  • 8.8

    The availability of Listings may lapse from the time you submit your Application and when such Application is received, and you acknowledge and understand that we do not have control or responsibility over expired Listings or for delivering such information prior to the lapse of the Listings.

  • 8.9

    We may notify you if a Poster takes any action with regards to your Application in relation to a Listing.

  • 8.10

    Upon the Poster awarding a Task or Job to you and your acceptance of the Task and/or Job, your relationship with the Poster will be governed by these Terms, specifically Clause 10.

9.
Terms and conditions applicable to Posters
  • 9.1

    Posters may create, post and make available Listings via the Services through your Account. You shall be solely responsible for the Listings posted by you, the content therein and/or any conditions imposed therein.

  • 9.2

    For avoidance of doubt, you understand and acknowledge that we shall not be liable nor responsible for the truth, completeness, reliability, legality of the Listings, your authority in providing or creating the Listings, your ability and/or any other third party to pay for the services provided by a Seeker upon their acceptance of the Task and/or Job and any other information submitted by you.

  • 9.3

    Posting of Listings

    • (a)

      In posting a Listing, you will be required to provide information relevant to the Task and/or Job including but not limited to its nature and scope, duration, expected date of completion.

    • (b)

      The Listings must not contain:

      • (i)

        Misleading, misrepresenting, irrelevant, false and/or inaccurate information;

      • (ii)

        Names, logos, or copyrighted material of persons unaffiliated with you;

      • (iii)

        Material that is discriminatory, explicit, obscene, abusive or hateful;

      • (iv)

        Any sale, promotion or advertisement of products and services;

      • (v)

        Any franchise, pyramid scheme or multi-level marketing opportunity; and

      • (vi)

        Any attempt to seek sexual services or seek any services that are immoral or illegal.

    • (c)

      We will publish the Listing upon your submission of the same. However, you understand and acknowledge that we cannot guarantee that all Seekers will receive, be notified of or have access to the Listing or that there will be no error in the transmission or storage of your Listing and any information related therein. Nonetheless, we will endeavour to notify you if any of the aforementioned events occur.

    • (d)

      When you post a Listing via the Services, you agree to us conducting an automated processing in relation to the Listing and any correspondences between you and the Seeker through the Services will be processed and analysed by us according to these Terms.

  • 9.4

    Seekers may submit Applications in response to the Listings, however you understand and acknowledge that we cannot guarantee that you will receive, be notified of and/or have access to the Applications or that there will be no error in the transmission or storage of the Listings.

  • 9.5

    We may make available to you screening tools for you to use in order to process and examine the Applications.

  • 9.6

    Upon the award of a Listing to the selected Applicant by you, we will notify the Applicant of your acceptance. If the Listing is accepted and confirmed by the Applicant, you will be redirected to the payment overview page to make the necessary payments as set out under Clause 11 and Clause 12. Failure to make the necessary payments in accordance with Clause 11 and Clause 12 will result in the cancellation and/or suspension of the Listing.

  • 9.7

    Upon the Applicant’s acceptance of the Listing, your relationship with the Applicant will be governed by these Terms, specifically Clause 10.

10.
Terms governing engagement of Applicants by Posters
  • 10.1

    Terms governing engagement of Task Applicants by Task Posters

    • (a)

      The provisions under this Clause 10.1 shall constitute a legal agreement between a Task Applicant and a Task Poster (individually referred to as a “Party” and collectively referred to as the “Parties”) upon the successful confirmation of the engagement of the Task Applicant by the Task Poster, and the acceptance of the engagement by the Task Applicant in relation to a Task Listing (“Task Engagement”), following which, the Task Applicant shall be referred to as a Task Holder.

    • (b)

      Upon the Task Engagement, the Task Poster hereby agrees to engage the Task Holder to complete the Task as set out in the Task Listing and undertakes to pay the Task Fees to the Task Holder upon completion, and the Task Holder hereby agrees to deliver such task as set out in the Task Listing in which he/she were engaged to complete, in consideration of the Task Fees.

    • (c)

      Each Party shall be solely responsible in ensuring that they comply with their obligations pursuant to the Task Engagement. Each Party shall be responsible in enforcing any rights that they may have. For the avoidance of doubt, MTP shall not be liable nor will MTP have the responsibility to enforce any rights that either Party may have under this Clause 10.1 or any applicable law for any damages to, or loss suffered by either Party in relation to the Task Engagement.

    • (d)

      Each Party acknowledges and agrees that the relationship with the other Party is that of an independent contractor and nothing in these Terms shall create any form of partnership, joint-venture, agency or employment relationship between the Parties and/or with MTP.

    • (e)

      The Parties acknowledge and agree that they will at all times comply with these Terms, specifically Clause 11 and Clause 12.

  • 10.2

    Terms governing engagement of Job Applicants by Job Posters

    • (a)

      The provisions under this Clause 10.2 shall constitute a legal agreement between a Job Applicant and a Job Poster (individually referred to as a “Party” and collectively referred to as the “Parties”) upon the successful confirmation of the engagement of the Job Applicant by the Job Poster, and the acceptance of the engagement by the Job Applicant in relation to a Job Listing (“Job Engagement”), following which, the Job Applicant shall be referred to as a Job Holder.

    • (b)

      Upon the Job Engagement, the Job Poster hereby agrees to engage the Job Applicant for the Job as set out in the Job Listing in consideration of the Job Fees in accordance to terms to be mutually agreed upon by the Parties.

    • (c)

      Each Party shall be solely responsible in ensuring that they comply with their obligations pursuant to the Job Engagement. Each Party shall be responsible in enforcing any rights that they may have. For the avoidance of doubt, MTP shall not be liable nor will MTP have the responsibility to enforce any rights that either Party may have under this Clause 10.2 or any applicable law for any damages to, or loss suffered by either Party in relation to the Job Engagement.

    • (d)

      Each Party acknowledges and agrees that nothing in these Terms shall create any form of partnership, joint-venture, agency or employment relationship with MTP.

    • (e)

      The Parties acknowledge and agree that they will at all times comply with these Terms, specifically Clause 11 and Clause 12.

11.
Fees and charges
  • 11.1

    You may be subject to a charge or a fee for the use of certain aspects of the Services, including but not limited to Task Spotlights, Job Spotlights, Candidate Spotlights, Premium Membership. You may also be subject to a fee for the processing of Applications in respect of an Engagement. When you are using aspects of the Services that are subject to a charge, you will be provided the opportunity to review and accept the terms of the fees that you will be charged based on this Clause 11.

  • 11.2

    Before you proceed to make payment via the Services, you will be presented with a webpage pursuant to which you will be informed of the exact amount due and payable to us.

  • 11.3

    Payment via the Services may be made using only [FPX, credit card, debit card or PayPal].

  • 11.4

    Before completing a transaction, you will be presented with a confirmation screen pursuant to which you are required to verify the transaction details. It is your responsibility to confirm and verify that the details stated therein are accurate.

  • 11.5

    If your transaction is successful, you will receive the receipt of your payment via email. You may also download the receipt under your Account dashboard on the website and/or mobile application.

  • 11.6

    The information supplied by you in connection with your use of the Services is processed through a secure website and/or mobile application. However, you acknowledge and agree that internet transmissions cannot be guaranteed to be entirely secure or private and any information provided by you may be able to be read and/or intercepted by a third party. We shall not be liable for any interception and/or other unauthorised access to the information supplied by you in connection with your use of the Services.

  • 11.7

    You shall be responsible for paying any taxes, including sales and services tax, which may be applicable in your use of the Services. These taxes will be added to the fees charged to you, if applicable.

  • 11.8

    Unless otherwise stated, all fees and charges are quoted in Ringgit Malaysia (MYR).

12.
Escrow services
  • 12.1

    Upon a Task Engagement, the Task Poster shall make an advance payment of the Task Fees in full and shall authorise us to collect and hold such funds on its behalf until the completion of the services set out in the Task Listing by the Task Holder.

  • 12.2

    The advance payment of the Task Fees shall be held by us and will only be released upon the following events:

    • (a)

      Where we have received instructions from the Task Poster to release the funds; and

    • (b)

      Where there is a pending or ongoing dispute, when the dispute has been resolved in the Task Holder’s favour.

  • 12.3

    We reserve the right to hold, set off and/or deduct against the Task Fees any amounts and/or fees or charges payable and/or owing by the Task Poster and/or Task Holder, including but not limited to any fees or charges pursuant to Clause 11.

  • 12.4

    Where we have not received any instructions or dispute from the Task Poster or Task Holder in respect of the Task Fees within one (1) month from the date of the advance payment of the Task Fees was made, the funds will be returned to the Task Poster, subject to applicable deductions for administrative fees incurred in the amount not exceeding 5% of the Task Fees.

13.
Intellectual Property Rights
  • 13.1

    The Services contains copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos and graphics, and may in future include video, graphics, music and sound, which may be protected by Intellectual Property Rights.

  • 13.2

    Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring you or any third party any license or right, by implication, estoppel or otherwise, under any law, rule or regulation, including Intellectual Property Rights. You agree that all intellectual property appearing on the Services are the property of their respective owners. You shall not use, copy, transmit, publish, distribute or broadcast any works including but not limited to text, pictures, video and other content found on the Services without prior permission of the respective owners.

  • 13.3

    Notwithstanding and in addition to any applicable written law dealing with Intellectual Property Rights and infringements of such rights, any of the following shall be deemed unauthorised acts, if done, without the written consent and/or license of MTP or the respective owners:

    • (a)

      Copying, republishing, distributing or transmitting any portion of the Services or its content;

    • (b)

      Using the Services or any of its content as part of any information storage retrieval system or database that is offered for commercial distribution;

    • (c)

      Creating compilations or derivative works of the Services or its content;

    • (d)

      Using the Services or its content in any manner that infringes copyright, trade mark or other intellectual property or proprietary rights;

    • (e)

      Removing or obscuring any copyright or other intellectual property or proprietary notice;

    • (f)

      (f)Making any portion of the Services or its content available in any other medium;

    • (g)

      Removing or reverse-engineering any software in respect of the Services; or

    • (h)

      Using any automatic or other process to harvest data and information from the Services.

14.
Links
  • 14.1

    The Services may contain links and/or references to Third-Party Websites and/or Social Media Platforms. This may include advertising or any other form of communications originating from Third-Party Websites and/or Social Media Platforms. In the event that the Services include any such advertising, we are not responsible for the legality of or any error or inaccuracy in advertisers’ materials or for the acts or omissions of the advertisers.

  • 14.2

    While we have monitoring measures in place, we shall not be responsible for the accuracy or completeness of the content published, opinions expressed or information provided by Third-Party Websites and/or Social Media Platforms, and the inclusion of or reference to the Third-Party Websites and/or Social Media Platforms by our Services does not imply approval or endorsement of those sites and platforms by us. We will not be involved in, and shall not be responsible for any transactions between you and a company connected through such Third-Party Websites and/or Social Media Platforms.

  • 14.3

    In the event you decide to leave the Services and access Third-Party Websites and/or Social Media Platforms, you shall do so at your own risk.

15.
Personal data

Our Personal Data Protection Notice governs the use of any personal information that you provide to us via the Services. A copy of the Personal Data Protection Notice can be accessed here.

16.
Disclaimer

We shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, arising out of or related to the use, inability to use or failures of the Services. We expressly disclaim any express and implied warranties, including, without limitation, completeness or accuracy of any information provided or made available to you. We do not warrant that the Services and any and all of its related facilities or capabilities will be free of interruption or error, that defects will be corrected, or that the equipment and software that makes the Services available is free of viruses or other harmful components.

17.
Indemnity

You agree to indemnify, defend and hold harmless MTP, our employees, directors, agents and/or vendors harmless against all claims, damages, costs and expenses of whatever nature (including costs on all indemnity basis) which we may incur or which may be awarded against us and which arise out of (a) the access to or use of the Services by you or any persons authorised by you; (b) any breach of the undertakings, warranties or representations provided by you in these Terms; and (c) your infringement of any third party right (including any intellectual property, property or privacy right). This indemnity shall not be subject to any limitation of liability and includes without limitation costs and expenses including professional fees incurred in responding to the dealing with claims made irrespective of whether proceedings have been commenced.

18.
Miscellaneous
  • 18.1

    These Terms shall be governed by the laws of Malaysia and the parties submit to the exclusive jurisdiction of the courts of Malaysia.

  • 18.2

    No failure or delay by us or you in exercising any right under these Terms shall operate as a waiver of such right or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms.

  • 18.3

    If any clause in these Terms shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms shall be capable of continuing in effect without the unenforceable term.

  • 18.4

    These Terms shall bind and inure to benefit of the parties and their respective permitted assigns, representatives and successors in title.

  • 18.5

    We may assign, delegate or transfer any rights or obligations under these Terms, in our sole discretion, to a third party. You shall not assign, delegate or transfer any rights or obligations under these Terms to a third party without our written approval.

  • 18.6

    These Terms contains the entire understanding between the parties to these Terms with respect only to the subject matter thereof and supersedes all prior agreements or understandings, inducements or conditions, express or implied, oral or written.

  • 18.7

    For any questions with regard to these Terms, please contact MTP at legal@maketimepay.com.