1 WHAT IS THE PURPOSE OF THESE TERMS AND CONDITION
1.1 These terms and conditions (the "Terms and Conditions") govern the use of the Services (as defined below) provided by Mystartr Sdn.Bhd. (Company No.: 984100- U) ("Mystartr", "us", "we" or "our") to you ("you" or "your") who use www.mystartr.com ("Platform").
2 WHAT SERVICES DO WE PROVIDE?
2.1 We operate an online platform which provides end-to-end support for reward-based crowdfunding and equity crowdfunding ("ECF") through the Platform.
2.2 We make available to you various services and contents including crowdfunding platform services, information about each campaign and its owner, marketing channels, technical advice on use of the platform, programming and other related services and content ("Services") which may be accessed through any medium, format or device now known or hereinafter developed, including the Platform in accordance with the Terms and Conditions. The Services may also be located at the third-party websites, applications either as a link from an add-on service to or in connection with, other websites or applications that such third parties control. You further acknowledge that the Services may include various forms of communication from us, including emails, messages, newsletters and other service announcements.
2.3 You understand and agree that the Services are provided on an "as is" basis and that we are not responsible for the availability, timeliness or functionality of the Services including but not limited to any deletion or failure to store any content, Saved Selection (if applicable) or personalisation settings.
2.4 You expressly acknowledge that we may, from time to time, at our sole discretion, establish general practices, guidelines and limits concerning the use of the Platform or Services including without limitation any of the following, with or without giving you prior notice:
2.4.1 the manner in which we vary, amend, add to, or suspend the Platform, Services or any part thereof including the removal of any part or content of the Platform or Services
2.4.2 the maximum number of days any of the Services will be retained at the Platform; and
2.4.3 the maximum number of email messages that may be sent from or received by an account on the Platform, the maximum space allocation on our servers on your behalf, the number of times (and the maximum duration for which) you may access the Services in a given period of time.
We reserve the right to log off, deactivate or suspend accounts that are inactive for a specified period of time to be determined by us at our sole discretion.
2.5 Your use of the Platform and/or the Services constitutes your express acceptance and consent to our adoption of the practices, guidelines and limits imposed including an subsequent amendments and updates made. In the event of any inconsistency between the Terms and Conditions and any practices, guidelines and limits, the Terms and Conditions shall prevail.
2.6 Unless expressly stated otherwise, no information presented on the Platform or in connection with the Services shall be deemed as a binding offer by the relevant third party, or by us but may constitute an invitation for you to place an order.
2.7 You agree that we reserve the right at any time and from time to time to modify, discontinue temporarily or permanently the Services or part thereof with or without notice to you. The Platform may be temporarily unavailable from time to time due to maintenance, telecommunications interruptions or other disruptions.
3 WHAT IS THE REQUIREMENT FOR REGISTRATION? WHAT IS THE FEE TO BE PAID?
3.1 Registration : In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete personal information as may be prompted by any registration form on the Platform ("Complete Registration Information"); and (b) maintain and keep us updated in regard to the Complete Registration Information.
3.2 If you fail to provide Complete Registration Information, or we have reasonable grounds to suspect so, we reserve the right to suspend or terminate your account and refuse your current or future use of the Services and Platform at all or in portion. Without contrary to the foregoing provision, we may provide you with access to some part of the Platform and/or Services without you registering as a user.
3.3 Fee: If you are a business / company raising funds through ECF ("Issuer"), you are required to pay services fee equivalent to eight percent (8%) of the total amount raised through our Platform.
3.4 If you are an investor in any ECF campaign ("Investor"), you are not required to pay any fee whatsoever.
3.5 Subject to Clause 3.3, the amount of fee payable by you will be specified in the agreement between you and us ("Issuer Agreement") and we may charge you for any additional services as requested by you. The scope and amount to be charged will be agreed and stated in the Issuer Agreement. You hereby acknowledge and agree that the additional services requested by you shall form part of the Services we provide and all payments will be due and payable in the manner as specified in Issuer Agreement.
3.6 Without contrary to Clauses 3.3 and 3.4, we reserve the right at any time to charge services fee on both Issuers and Investors for access to the Platform or any part or content thereof or for the use of any special feature comprised therein. The amount of services fee, the services period and the specific terms governing the access or use thereof will be indicated on the online registration form. We reserve the right to revise the services fee at any time.
3.7 Any interest earned (if any), while being held on in a trust account prior to releasing to an Issuer or to be refunded to you (if applicable), shall belong beneficially to us. We will be solely responsible for any bank charges charged on us to the establishment and operation of the said trust account
3.8 You shall bear any taxes (including sales and service tax), duties or levies to which the services fee is subject.
3.9 Unless stated otherwise, there shall be no refund, whether in whole or in part to any services fee paid under any circumstances whatsoever except as expressly stated in Clause 16.
4 WHAT ARE YOUR OBLIGATIONS?
4.1 You represent and warrant that you are at least eighteen (18) years old or have the necessary legal capacity, right, power and authority to form a binding contract or agree to the Terms and Conditions in order to access the Platform, use the Services and/or register under the Platform.
4.2 You hereby represent and warrant that you shall take all necessary security measures (such as changing password regularly) to protect any information you transmit to us when accessing the Platform, including but not limited to your personal information, your user ID and password for the purposes of preventing unauthorised access to your account. You shall notify us immediately if you discover any unauthorised use of your user ID and/or password or any other breach of security.
4.3 You recognise that due to the global and international nature of the Internet, you shall use the Platform in a manner consistent with and in full compliance of any and all applicable international and local laws, regulations, guidelines and directives.
4.4 Unless you fall under the specific category of users stipulated herein in which commercial use is permitted, the Platform is made available to you for your own personal use only. In no event shall you use the Platform for or in connection with any business or commercial enterprise, without limitation, any investment, accounting, banking, legal or media business or enterprise unless expressly authorised by us in writing.
4.5 You shall not use any third-party software, hacks, mods or any method whatsoever to access, crawl or collect any information or data from the Platform. Neither shall you use any software that intercepts, "mines" or otherwise collect information from or through the Platform.
4.6 You shall not share your account with a third party.
4.7 You confirm that you will provide us the Complete Registration Information upon registration and promptly notify us should there be any change of such information. We reserve the right to terminate or suspend your use of the Platform subject to Clause 3.2 above. We may provide you with access to some or limited parts of the Services without you registering as a user of the Platform.
4.8 You acknowledge, consent and agree that we may access, preserve and disclose your account information and Saved Selection (as defined below) if required to do so by law or in a good faith and belief that such access preservation or disclosure is reasonably necessary to:
4.8.1 comply with legal process, court orders or requests from law enforcement or other government agencies;
4.8.2 enforce the Terms and Conditions;
4.8.3 respond to claims that any Saved Selection violates or infringes third parties’ rights;
4.8.5 protect the rights, property and safety of our users and the public.
"Saved Selection" in this context may include without limitation references to the answers, information or requests which you have created, selected, changed and saved and which can be reused, retrieved and reloaded quickly where needed.
5.1 You understand that all Contents (as defined below), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Contents originated. This means that you and/or other users are entirely responsible for all Contents that you and/or other users upload, post,email, transmit or otherwise make available via the Services. We bear no responsibility for the Contents posted via the Services and, as such, do not guarantee the accuracy, integrity or quality of such Contents.
5.2 You understand that by using the Services, you may be exposed to Contents that may be construed or regarded as offensive, indecent, fraudulent, objectionable, inaccurate, defamatory or erroneous. Under no circumstances will we or our licensors, suppliers, vendors, parent, holding, subsidiary or related or affiliated companies, affiliates, officers, agents or employees ("Affiliates"),as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent, fraudulent, defamatory or objectionable Contents, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services ("Claims").
5.3 For the purpose of the Terms and Conditions, "Contents" shall include without limitation the contents of a crowdfunding campaign, other related crowdfunding campaign materials, fundraiser, business information and other information, data, photographs, images, video footage, film, virtual tool, text, messages, music, suggestions, proposals, ideas, opinions, links and other material, data and compilation and instructions provided by you and/or other users to us or that are requested by us for the purpose of publishing the crowdfunding campaigns.Unless stated otherwise, "crowdfunding campaign" in this context may include without limitation to advertisements, notices, announcements and/or statements placed by users at the Platform or other online medium provided by us in respect of the reward-based crowdfunding and ECF offered by Mystartr.
5.4 You hereby acknowledge and agree that:
5.4.1 the Contents of a crowdfunding campaign supplied by you and/or other users to us must be submitted through the method, specifications and in the file format as specified by us from time to time;
5.4.2 the receipt and acceptance of the Contents (or payment where applicable) by us pursuant to your request for a crowdfunding campaign shall not be deemed to be an undertaking by us to accept your crowdfunding campaign. We may at our sole discretion decide to approve, reject or postpone the placement of your crowdfunding campaign without providing you any reason or subject you to payment of an administrative fee for such services;
5.4.3 the placement, positioning and presentation of a crowdfunding campaign is at our sole discretion; and
5.4.4 we do not undertake to review the Contents and you are fully and solely responsible in checking and ensuring the accuracy and veracity of the Contents before they are published or repeated. We reserve the right to refuse your request to correct any errors or to print errata in the crowdfunding campaign upon the publication.
5.5 In submitting the Contents for placement of a crowdfunding campaign, you represent and warrant as follows:
5.5.1 the Contents are in full compliance with the Terms and Conditions;
5.5.2 you have the right to publish the Contents (or part thereof) without infringing any third-party rights, giving rise to any civil or criminal liability or breaching of any laws;
5.5.3 you are not allowed to use photographs or images provided on the Platform or Services by other users unless expressly allowed;
5.5.4 the photographs, images or materials in the Contents do not contain the mark, logo or name of our competitors;
5.5.5 the Contents submitted are true, current and accurate;
5.5.6 you do not provide any false, inaccurate or misleading information in the Contents or overstate, create a false impression or omit to provide any relevant information;
5.5.7 you have complied with all applicable laws, rules, regulations, guidelines and directives in carrying out the crowdfunding campaign in the relevant jurisdictions including the jurisdiction where the targeted audience of the crowdfunding campaign resides.
5.6 You shall ensure that any third-party websites linked through the Contents are relevant and are not websites that provide auctioneering or advertising services.
5.7 You may request for the removal and/or withdrawal of any crowdfunding campaign published but there will be no refund to you, whether in whole or in part. We reserve the right to charge you administrative fee for such removal and/or withdrawal.
5.8 You hereby grant us and our Affiliates a royalty-free, irrevocable, perpetual, transferable and worldwide license to use, reproduce, distribute, display, modify, edit, translate, adapt, display, disseminate, communicate to the public in any manner whatsoever the Contents (or part thereof) in printed format or on the Platform or Services through any medium, format or device now known or hereinafter developed.
5.9 The unauthorised use of third-party services or third-party software to post the Content submitted to us is strictly prohibited and is a violation of the Terms and Conditions herein.
5.10 We reserve all our rights to disable any links to any other website in our sole absolute discretion. You acknowledge that we may or may not pre-screen Contents, but that we shall have right (but not the obligation) in our sole discretion to pre-screen, refuse, move or remove any Content that is available via the Services. Without limiting the foregoing, we shall have right to remove any Content that we believe in good faith violates the Terms and Conditions or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, and we shall not be liable to you and/or other users in any way for any loss or damage arising from such removal. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation information in all parts of the Services.
6 DO WE PROVIDE PROFESSIONAL ADVICE?
6.1 All news, information, Contents and other material displayed on the Platform and Services including the crowdfunding campaign materials are for your general information purposes only and are no substitute for independent research and/or verifications and should not be regarded as a substitute for professional, legal, financial or real estate advice.
6.2 In particular, you must not treat the Platform or the Services as a financial or investment advisory service. The information on the Platform and Services is provided on an “as is, where is” basis without taking into account your specific objectives, financial status and particular needs. We always recommend that you seek specific independent advice from your financial advisers, lawyers or such other appropriate professionals before acting or relying on the information obtained from the Platform and the Services. We will not be held responsible or liable for timeliness, removal of information, failure to store, inaccuracy of information or improper delivery of information.
7.1 Users are solely responsible for all Contents, whether publicly posted or privately transmitted, that users post, submit, publish, display or link to on the Platform or send to other users ("User Submitted Contents"). You agree not to post, submit or link to any User Submitted Content:
7.1.1 that infringes, misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party;
7.1.2 that is in violation of any laws and/or regulations of Malaysia;
7.1.3 that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory; or
7.1.4 that is fraudulent or that is purposely false or misleading.
Without limiting the foregoing, you shall at all times adhere to strict proper online behaviour, which are incorporated into the Terms and Conditions.
7.2 You agree that by posting any User Submitted Contents on the Platform, you are granting us a royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable license to publish, reproduce, distribute, display, adapt, and otherwise use the User Submitted Contents in any manner on or in connection with the Platform or in the course of offering the Services. You understand and agree that any User Submitted Content may be redistributed through the internet and other media channels, and may be viewed by the general public.
7.3 You understand that we do not approve or control the Contents posted by others, and instead simply provide a service by allowing you and other users to access information that has been made available by others. As a provider of interactive services, we are not responsible or liable for any statements, representations, or User Submitted Contents on the Platform or in connection with the Services.
7.4 We assume no responsibility for monitoring the Platform or the Services for appropriate User Submitted Contents or users’ conducts and have no obligation to screen, edit, or remove any of the User Submitted Contents. However, we reserve the right, in our sole discretion and without notice, to monitor, screen, edit, or remove any User Submitted Contents at any time and for any reason or for no reason. We nonetheless assume no responsibility for such User Submitted Contents or for the conduct of the user submitting any such User Submitted Contents. As specified in Clause 5.2, you acknowledge that under no circumstances we or our Affiliates will be liable for any Claims in connection with or arising out of User Submitted Contents.
7.5 You acknowledge, consent and agree that we may in our sole discretion access, preserve and disclose your account information and User Submitted Contents if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
7.5.1 comply with legal process;
7.5.2 enforce the Terms and Conditions;
7.5.3 respond to Claims that any User Submitted Content violates the rights of third parties;
7.5.4 respond to your requests for customer service; or
7.5.5 protect our rights, property or personal safety as well as those of our users and the public.
7.6 You understand that the technical processing and transmission of the Services, including User Submitted Contents, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules which are set by us and our content providers, who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited. You use the Platform and the Services at your own risk.
8 WHAT RESTRICTED ACTIVITIES YOU ARE PROHIBITED TO DO?
8.1 You agree not to use the Services for the following restricted activities such as to:
8.1.1 upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
8.1.2 harm minors in any way;
8.1.3 impersonate any person or entity, including, but not limited to, our servant, agent, employee or official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8.1.4 forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
8.1.5 upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
8.1.6 upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
8.1.7 upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, except in those areas that are designated for such purpose;
8.1.8 upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8.1.9 disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
8.1.10 interfere with or disrupt the Services or another person's use of the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
8.1.11 intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;
8.1.12 "stalk" or otherwise harass another;
8.1.13 commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Services or otherwise; and
8.1.14 collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
8.2 If you are discovered to have conducted or suspected to have conducted any of the restricted activities in Clause 8.1, we reserve all our rights to suspend and/or terminate your access to the Platform and/or Services without prior notice in accordance to Clause 14.
9 HOW TO UTILISE ELECTRONIC TRANSACTION AND ELECTRONIC COMMUNICATION?
9.1 Due to the nature of Services, you agree to the use of electronic transaction and electronic communication between you and us and/or between you and other users.
9.2 All payments and/or transactions will be done electronically via bank transfer or other online payment method as specified by us. You hereby acknowledge and agree that we are granted permission by you to receive your bank account information and other related information in order to facilitate the payments and/or transactions.
9.3 Subject to Clause 9.2, you agree to promptly provide us your bank account information upon our request and authorise your bank to make payment to us. You shall forthwith notify us if there is any change in regard to your bank account information, in any event not more than seven (7) business days after the change arises.
9.4 All electronic communication will be done in accordance to Electronic Commerce Act 2006 and you hereby consent to receive electronically all related disclosures, including but not limited to documents, communications, notices, contracts, agreements,or information statement from us or our Affiliates, marketing partners, agents and other third party service providers we may use ("Consent for Electronic Disclosure").
9.5 The Consent for Electronic Disclosure as specified in Clause 9.4 applies to any transaction you make on Platform to which the disclosures relate to.This Consent for Electronic Disclosure shall remain in effect for so long you remain as a registered user on Platform. In the event you cease to become a registered user, this Consent for Disclosure may not be withdrawn until all ongoing transactions on the Platform are completed and We will terminate your account and erase your Consent for Electronic Disclosure including other relatable data.
9.6 Without contrary to any other provisions under the Terms and Conditions, you hereby consent that we may contact you via phone calls, text messages, emails and other electronic methods in future by using the information provided by you during registration on our Platform. You may elect to opt out from receiving any newsletters, updates, promotional materials, festive greeting or other communications in part or in whole by following the "unsubscribe" links or instructions within the email we send you. Please take note that as long as you remain a registered user with us, you may not opt out from Consent for Electronic Disclosure as specified in Clauses 9.4 and 9.5 above.
10 WHO OWNS THE INTELLECTUAL PROPERTY RIGHTS
10.1 You acknowledge and agree that all intellectual property rights and proprietary rights in all Contents and materials inclusive of text, photographs, pictures, images, videos, audio, sound files, graphics and the selection, layout, arrangement, format and compilation of information, data or search results that formed, are part of, contained in or accessed through the Platform, the Services or part thereof, and any enhancements or modifications to, adaptations or translations of, or derivative works based on the foregoing ("Platform Materials") shall be and remain our exclusive property or that of our licensors, as the case may be. No intellectual property or other rights shall be transferred to you.
10.2 You further acknowledge that the signs, trademarks, service marks, business identifiers and logos on the Platform and Services ("Marks") are our trademarks or those of our Affiliates, you agree not to display or use these Marks in a manner that is limited or prohibited by us.
10.4 You further acknowledge and agree that certain Contents in the Platform or Services may contain sponsored advertisements and other trademarks protected by the respective third parties’ intellectual property rights and those trademarks solely belong to the third parties’ respective owners and/or holders ("Third-Parties' Marks"). We do not represent ourselves as being connected or affiliated with any of the Third-Parties' Marks.
10.5 Except as expressly authorised in writing by us, our licensees or advertisers, you are granted a limited and non-sublicensable right to access and use the Platform and Services and print the Platform Materials for your personal, non-commercial and informational use only. We reserve the right, with or without notice and in our sole discretion to terminate your license to use the Platform and Services, and to block or prevent future access to and use of the Platform and Services. The limited license granted to you does not include the right for you to:
10.5.1 modify, copy, distribute, disseminate, republish, rent, lease, derive work from or download (unless permitted expressly) any of the material from the Platform or Services;
10.5.2 market, promote, sell or make commercial or derivative use of the Platform or any materials from the Platform or Services; and
10.5.3 make any reference to our trademarks in a commercial dealing without our prior written consent.
10.6 You do not acquire any rights to any user ID, IP address, and any codes (whether assigned to you or otherwise) and we reserve the right to change any of them at our sole discretion without being liable to you for any damages or losses suffered.
10.7 You are not allowed to use the Platform, Services and the materials contained therein to construct, gather, extract or mine database of any kind or store the information (in its entirety or in any part) in databases for access by you or any third party or distribute any database services containing all or part of the Platform and Services. You may not use the Services or Platform in any way to improve the quality of any data sold or contributed by you to any third party.
10.8 Where applicable and when our software is used in connection with the Services ("Software"), we grant you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer or device; provided that you do not (and you do not allow any third party to) copy, reproduce, modify, reverse engineer, decompile or reverse assemble or otherwise deal with or transfer any right in the Software, except where permitted by applicable law. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services or Platform. Software in this context may include references to our web apps and web application.
11 DO WE PROVIDE ANY WARRANTY?
11.1 You expressly understand and accept that your use of the Platform and Services is at your own risk and the Services and Platform are provided to you on an "as is, where is" and "as available" basis. Any condition or warranty which may be implied or incorporated within the Terms and Conditions by reason of any statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality, fitness for purpose, compliance with description and non-infringement) is hereby expressly excluded.
11.2 We and our Affiliates do not give or make any warranty (express or implied) that:
11.2.1 any part of the Platform or Services will be timely, accurate, reliable, secure or complete because the Internet is, due to unpredictable traffic congestion and other reasons, an inherently unreliable medium of communication and that such unreliability is beyond our control;
11.2.2 any part of the Platform or Services will be accessible at any time or at all times through the medium, platform, device, channel or format chosen or used by you;
11.2.3 any part of the Platform or Services will be uninterrupted, error-free, virus-free or safe in any manner for use, browsing or download;
11.2.4 any products, services, information, content or any other materials purchased, procured or obtained by you or other users through the Platform and Services will meet your requirements or expectations; and
11.2.5 the information, content or advertisements contained on or distributed through the Platform or the Services or any results of which may be obtained from the use of the Services will be accurate or reliable.
11.3 Contents displayed on the Platform and Services may include materials, views and opinions of third parties, which do not necessarily reflect our position. Therefore, we cannot and do not guarantee the accuracy or completeness of, or otherwise endorse, these materials, views and opinions.
11.4 Where we publish information relating to the crowdfunding campaign of third party on the Platform or Services (whether or not by way of hypertext links to another website), we do so for information purposes only, and such publications are not endorsements or approval by us of any such information, and we accept no liability nor make any endorsement or approval of the same. We neither endorse nor approve the contents of the third-party websites to which such crowdfunding campaigns are linked and your access to such websites shall be entirely at your own risk and subject to such terms and conditions as may be posted thereon.
11.5 Certain information and statements included in the Platform and Services are forward-looking. These forward-looking statements are based on certain assumptions and reflect the fundraiser’s or users’ current expectations and analysis. Consequently, forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially and significantly from current expectations and outcomes. There is no assurance or warranty that any forward-looking statements contained in the Platform or Services will materialise. You are advised not to place undue reliance on forward-looking statements and we disclaim any obligation or responsibility to update or revise any forward-looking statements.
12 WHAT ARE THE LIABILITIES AND OBLIGATIONS WE DISCLAIM?
12.1 We are not a party to the agreement between you and other users of the Platform and/or Services. You expressly acknowledge and agree that, to the fullest extent permitted by applicable laws, we and our Affiliates exclude liability for any losses, damages, claims, costs and expenses of whatever nature and howsoever arising, including without limitation any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of business or contract, loss of opportunity, loss caused by a virus, loss of income, profits or goodwill, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of, in connection with or resulting from the use or inability to use the Platform or Services, or otherwise arising from your contribution to other users' or fundraisers' campaigns.
12.2 Without prejudice to the foregoing, we and our Affiliates shall not be liable to you for any costs, claims, liabilities, expenses, demands or damages whatsoever (including any loss of profits, lost savings, direct, indirect, special, incidental or punitive losses or consequential damages) arising out of:
12.2.1 your use or inability to use the Platform, the Services or any part thereof;
12.2.2 your contribution to any fundraising campaign;
12.2.3 the failure or inability of the fundraiser to fulfil his pledges;
12.2.4 any error, omission or inaccuracy with respect to any advice or information obtained by virtue of the Platform or the Services; or
12.2.5 the inaccuracy, delay, omission, non-delivery of information caused by any human / mechanical / electrical fault, omission, breach of contract, negligence or otherwise
12.3 You expressly acknowledge and agree that the disclaimers and exclusions of liability set forth in the Terms and Conditions represent a fair and reasonable allocation of the risks and benefits of the contract between you and us, taking into account all relevant factors including without limitation the value of the consideration provided by you. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law in all jurisdictions worldwide.
13 DO WE ENJOY ANY INDEMNITIFICATION FROM YOU?
13.1 Without prejudice to any of the other provisions of the Terms and Conditions and to any other rights and remedies which we may have at law and equity, you agree, at your own expenses, to fully indemnify, defend and hold us and our Affiliates harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever (including claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of the Platform, unauthorised or illegal access to the Platform (including hacking), property damage or pecuniary losses howsoever arising, which we and our Affiliates may sustain, incur, suffer or pay arising out of, in connection with or pursuant to your breach of the Terms and Conditions or the use of the Platform and/or the Services whether authorised or not or any act or omission on your part.
14 WHAT ENTITLES US TO TERMINATE YOUR USE OF THE PLATFORM?
14.1 We reserve the right at our sole discretion to immediately terminate your access to and use of the Platform and/or Services without prior notice. Cause for such termination shall include without limitation:
14.1.2 request by law enforcement, other government agencies or pursuant to a court order;
14.1.3 failure to make payment of applicable subscription fee;
14.1.4 infringement of our intellectual property rights or those of third parties;
14.1.5 by virtue of your engagement in any fraudulent, unlawful or illegal activities;
14.1.6 discontinuance or modification to the Platform or Services or part thereof;
14.1.7 unexpected technical, security or other problems beyond our control;
14.1.8 extended duration of inactivity of your account;
14.1.9 a request made by you (self-initiated account deletions);
14.1.10 if you are declared insolvent or bankrupt;
14.1.11 upon your death; or
14.1.12 any other reason at our sole discretion.
14.2 Termination of your account may include without limitation any of the following:
14.2.1 removal of access or usage of any of the functions or features within the Platform or Services;
14.2.2 deletion of your account and all related information, files and contents associated with or inside your account (or part thereof); or
14.2.3 prohibition of further access or usage of the Platform or Services.
14.3 You agree that all terminations for cause shall be made in our sole discretion and upon termination, your right to use the Platform and Services immediately ceases. We shall not be liable to you or to any third party for such termination of your account, any associated email address or access to the Platform and Services.
14.4 If your registration or access to use the Platform and/or Services is terminated, you understand that we shall be under no obligation to refund you the whole or any of part of any fees paid or payable by you. In addition, you are not entitled to any compensation or indemnity for loss of rights, goodwill or otherwise, as a result of the termination in accordance with the Terms and Conditions.
15 WHAT ARE YOUR ROLES IN COMPLIANCE WITH LOCAL RULES?
15.1 Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. You acknowledge that certain information that you provide about yourself will be posted in public areas of the Platform and will be available to anyone who visits the Platform.
15.2 You acknowledge that we may display information from other sources and that there may be discrepancies between the information provided by you and the information provided by these other sources. You agree to release us from liability for any inconsistent information.
16 WHAT ARE THE PAYMENT TERMS?
16.1 All payments made to us shall not be refundable except as expressly set out in this Clause 16.
16.2 Clause 16.1 shall not apply in ECF, in the event:
16.2.1 an Issuer in concern fails to raise the target funds;
16.2.2 after expiry of ECF campaign period, an investor decides to withdraw the investment monies within the cooling-off period of six (6) business days; or
16.2.3 after expiry of ECF campaign period, we have discovered a material adverse change relating to the Issuer,
16.3 Subject to Clause 16.2.3, you hereby acknowledge and agree that we reserve all the rights to determine if a material adverse change has arisen, which may include the following matters:
16.3.1 the discovery of a false or misleading statement in any disclosures in relation to the offer;
16.3.2 the discovery of a material omission of information required to be disclosed in relation to the offer; or
16.3.3 there is a material change or development in the circumstances relating to the offer or the Issuer.
16.4 If you are an Investor, in the event your campaign fails to proceed pursuant to any of the scenarios listed in Clause 16.2 above, we will refund the money paid by you by crediting the refund into your account or e-wallet on our Platform. As specified in Clause 3.7, you are not entitled to receive any interest on any such refund.
17 WHO CAN ASSIGN THE RIGHTS AND OBLIGATIONS?
We may assign, delegate and/or otherwise transfer our rights and obligations hereunder to any person or entity. However, you may not assign, delegate or otherwise transfer any of your rights or obligations hereunder without our prior written consent. The contract formed hereunder shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
18 CAN ANY OF US WAIVE ANY RIGHT, POWER OR PROVISIONS UNDER THESE TERMS AND CONDITIONS?
No waiver on our part to exercise, and no delay in exercising, any right, power or provision of the Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision. The rights and remedies provided in the Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law.
19 CAN THE TERMS AND CONDITIONS BE SEVERED?
Should any part of the Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated.
20 CAN WE MAKE ANY CHANGES TO THE TERMS AND CONDITIONS?
20.1 We reserve the right, at our sole discretion, to change, modify, add or remove any of the provisions of the Terms and Conditions at any time. Such modifications shall be effective immediately. You shall therefore check and revise the Terms and Conditions periodically for any changes to the Terms and Conditions. Your continued use of the Platform following the posting of changes to the Terms and Conditions shall mean that you accept those changes.
20.2 In the course of operating our Platform and Services, we and/or other users may organise events, campaigns, contests, competitions and awards which may or may not contain Additional Terms. You are further advised to review the Additional Terms (if applicable) before participating and/or registering for such activities.
20.3 We may from time to time introduce new services. Use of such new services may be governed by specific terms and conditions in addition to the Terms and Conditions herein. Such specific terms and conditions shall be read together with the Terms and Conditions herein.
21 WHAT IS THE GOVERNING LAW? WHAT IS THE JURISDICTION?
21.1 The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and all disputes arising in any way out of or affecting the Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Malaysia, to which the parties agree to submit.
21.2 As the Platform and Services may be accessed internationally, the users who access the Platform are responsible for compliance with the laws of the jurisdictions from which they access the Platform, if and to the extent local laws are applicable.
22.1 Clause headings in the Terms and Conditions are for convenience only and shall not affect the meaning or interpretation of the Terms and Conditions or any provisions thereof.
22.2 Words in the singular include the plural, and vice versa.
22.3 A reference to a person includes a reference to a firm, a body corporate, an unincorporated association or authority.
22.4 A reference to writing includes any method of reproducing words in a legible and non-transitory form, including e-mail.
22.5 A reference to users includes the following:
22.5.1 users who are only allowed to use the Platform for non-commercial purposes e.g. potential supporters; and
22.5.2 users who are allowed to use the Platform for commercial purposes, including without limitation, initiating and conducting fundraising campaign or investing in Issuer listed on the Platform. This category of users is granted additional access to the Platform.
23.1 We may collect your personal data which includes without limitation, your name, NRIC No., passport number or other identification number, address, email, phone number, email address, bank details, photograph etc. to enable us to process your application and/or use the Platform / Services. Such collection and/or the processing of your personal data shall be done in accordance with the provisions under the Personal Data Protection Act 2010 of Malaysia.
23.2 You covenant that upon our request, you will provide us with Complete Registration Information including other personal data as required by us and it is your responsibility to update and effect changes to such information on the Platform. We are entitled to rely on any information you provide to us. If you provide personal data for and behalf of such other persons or organisations or companies, you hereby covenant that you have the necessary authorisation and/or consent of such other persons or organisations or companies and that the personal data is given voluntarily, accurately and is complete; failing which you shall indemnify us and our Affiliates against any claims from such other person.
23.4 Pursuant to Clause 9.2, you agree that we are entitled to receive your bank account information and other related information to use them for the purposes of making payments and/or transactions.
24 WHAT ARE THE RETSRICTIONS FOR LINKING AND FRAMING?
24.1 By linking to the Platform, you represent that you have read and agreed to be bound by the provisions of this Clause 24.
24.2 The Platform and Services may contain links to third-party websites. These third-party websites are not related to, associated with us or under our control. They are provided for your convenience only and such links do not indicate any affiliation, endorsement or association by us of any of such websites or the contents contained therein.Any statements, advice, services, offerings or contents provided on these third party websites are not monitored by us nor controlled by us. We are therefore not responsible or liable for the contents of such linked websites and we do not guarantee the accuracy, completeness or reliability of such websites. You should make your own judgment and conduct your own due diligence that you deem necessary when transacting with or accessing the information on these websites.We reserve the right to disable any links to any third party websites in our sole discretion.
24.3 You acknowledge that the Platform, including but not limited to the text, contents, photographs, videos, audio, sound files, images and graphics, compilation of data, information and search results have been specially designed by us for presentation in a unique format and appearance("Mystartr Style"), and that such Mystartr Style is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Malaysia and other countries. Upon linking to the Platform pursuant to the terms and conditions of this Clause 24, you will be granted a non-exclusive, non-transferable, royalty-free license to use the Mystartr Style solely for providing an underlined, textual link from your website to the homepage of our Platform ("Homepage"). No other use of the Mystartr Style or name is permitted without our prior written consent.
24.4 Without limiting the provisions contained in this Clause 24, you may include a link on your website to our Homepage. Please notify us at our email address specified below when you link to the Homepage pursuant to this Clause 24.4. You may not however link to the Platform any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or any objectionable or unlawful topics, names, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
24.5 We are concerned about the integrity of the Platform when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, we are concerned with activities such as linking to an internal or subsidiary page of the Platform that is located one or several levels down from the Homepage (“deep linking”), or bringing up or presenting content of the Platform within another website ("framing"). If you would like to deep link to or frame the Platform, or any of its content, you must notify us in writing prior to deep linking to, or framing, the Platform or any of its content, or engaging in similar activities.
24.6 We may by notice to you and without assigning any reasons thereof revoke any prior permission granted to you under this Clause 24 to link or deep link to or frame the Homepage or any part thereof and you shall forthwith upon receipt of the notice cease such linking or deep linking or framing.
25 HOW DOES COPYRIGHT TAKEDOWN WORK?
25.1 In compliance with the provisions of the Copyright Act 1987 and laws with corresponding provisions in other jurisdictions, we adopt a policy of terminating, in appropriate circumstances and at our sole discretion, users who are infringing our copyright or those of others.
25.2 If you believe that any of your copyrighted works has been copied and been posted on our Platform in a way that amounts to copyright infringements and/or offence under the Copyright Act 1987, please write to us pursuant to Clause 26 for more information on our policy on the applicable take-down and counter-notices.
26 HOW DO WE NOTIFY YOU AND HOW DO YOU CONTACT US?
26.1 We may provide you with notices by email, regular mail or postings on the Platform. You agree that such notices by email, regular mail or postings on the Platform (such as display of notices or links to notices to you generally on the Services) will constitute sufficient and adequate notice to you of the matters contained therein.
26.2 In the case of notice to us, you may send us the notice by regular mail or email us at:
Address : E-28-1, Jalan Multimedia 7/AG, City Park, I-City, 40000 Shah Alam, Selangor, Malaysia
Telephone Number : 03-5888 8318
Email Address :[email protected]
For the attention of : Chief Executive Officer
26.3 In the event of any inconsistency between the English version and other translated versions of the Terms and Conditions, the English version shall prevail over the other versions.