PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS MOBILE APPLICATION (“MOBILE APP”).

 

This Mobile App is owned by BigPay Malaysia Sdn Bhd (“BigPay”). By using this Mobile App you are deemed to have read and accepted these Terms of Use. Please refrain from using this Mobile App if you do not agree to all or any of these terms and conditions. BigPay shall not be liable for payment of any costs or expenses incurred as a result of downloading and using this Mobile App, including any operator network and roaming charges.

 

1. Content

(a) The contents of our Mobile App are intended for your personal non-commercial use only. Graphics and images on this Mobile App are protected by copyright and may not be reproduced, translated or appropriated in any manner without our written permission. Modification of any of the materials or use of the materials for any other purpose will be a violation of BigPay’s copyright and other intellectual property rights and the copyright and intellectual property rights of the respective owners.

(b) If you download any software from the Mobile App, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by BigPay. BigPay does not transfer title to the Software to you. You own the medium on which the Software is recorded, but BigPay retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the Software nor extract the source code of the Mobile App.

 

2. Use of Mobile Application

(a) You agree to use this Mobile App in accordance with these terms and conditions and for lawful and proper purposes. You agree to be responsible for all matters arising from your use of this Mobile App. Further, you agree not to use this Mobile App in any manner which breaches any applicable law or regulations or causes or which may cause an infringement of any third party rights, not to post, transmit or disseminate any information on or via this Mobile App which may be harmful, obscene, defamatory or illegal or create liability on BigPay’s part, not to interfere or attempt to interfere with the operation or functionality of this Mobile App and not to obtain or attempt to obtain unauthorized access, via whatever means, to any of BigPay’s systems. (b) If BigPay (in its sole discretion) believes that you are in breach, or will be in breach, of any of these terms and conditions, BigPayreserves its right to deny you access to this Mobile App without giving you a reason and/or without further reference to you.

 

3. Other Sites

Our Mobile App provides links to other sites and vice versa merely for your convenience and information. We shall neither be responsible for the content and availability of such other applications that may be operated and controlled by third parties and by our various branch offices worldwide, nor for the information, products or services contained on or accessible through those mobile applications. Your access and use of such mobile applications remain solely at your own risk. BigPay will not be liable for any direct, indirect, consequential losses and/or damages of whatsoever kind arising out of your access to such applications.

 

4. No Warranties

We provide no warranty, whether expressly or implied, of any kind including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or noninfringement. All such implied terms and warranties are hereby excluded.

 

5. Disclaimer

BigPay does not warrant that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected or that this Mobile App or this server that makes it available is free of any virus or other harmful elements. BigPay does not warrant or make any representations regarding the correctness, accuracy, reliability or otherwise of the materials in this Mobile App or the results of their use.

 

6. Liability

(a) By using our Mobile App you agree that we will not be liable under any circumstances, including negligence, for any direct, indirect or consequential loss arising from your use of the information and material contained in our Mobile App or from your access to any of the linked sites. We are also not liable nor responsible for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials.

(b) Any BigPay publication may include technical inaccuracies or typographical errors. Changes may be made to these publications from time to time and incorporated in new editions of these publications. At any time without notice, these publications are subject to improvements and changes in service by BigPay.

(c) The information contained in this Mobile App is for informational purposes only and is provided to you on an “as-is” basis. We do not guarantee the accuracy, timeliness, reliability, authenticity of completeness of any of the information contained on this Mobile App. We are not liable for any information or services which may appear on any linked mobile applications.

 

7. Changes and Modifications

(a) We reserve the right at our absolute discretion and without liability to change, modify, alter, adapt, add or remove any of the terms and conditions contained herein and/or change, suspend or discontinue any aspect of this Mobile App.

(b) We are not required to give you any advanced notice prior to incorporation of any of the above changes and/or modifications into this Mobile App.

 

8. Suggestions, Comments and Feedback

Any communication you send to our Mobile App or otherwise to us by electronic mail shall be treated as non-confidential. Your comments, suggestions, questions, feedback and the like regarding the content and/or our services in general, including any ideas, inventions, concepts, techniques or know-how disclosed therein may be used by us for any purpose, including the developing, manufacturing and/or marketing of goods and/or services, and in such circumstances you are not entitled to any reward or compensation of whatever nature from us. FOR THIS PURPOSE, WE RESERVE THE RIGHT whenever necessary to disclose your personal information without your consent to our affiliates, authorised agents, government/security agencies or the providers of similar services, in whatever country they may be located as set forth in our Privacy Policy.

 

9. Exclusions

The exclusions and limitations described herein shall apply only to the extent permitted by law, without prejudice to our rights to seek legal redress in accordance with the applicable laws.

 

10. Applicable Law and Jurisdiction

These Terms of Use and this Mobile App’s content shall be governed and construed in accordance with Malaysian laws, and the courts of Malaysia shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto.

 

11. Data Protection

Please also see BigPay’s Privacy Policy regarding information you provide to BigPay when you register for, download and/or use this Mobile App.

 

12. Conflict Between English Text and Other Translation

If there is any conflict or discrepancy between the English text of these Terms of Use and any translation thereof, the English text shall prevail and supersede any other translation or any other version in any other language.

 

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