Terms of Use Agreement
Last updated: September 25, 2023
Welcome to Maney Site, an online platform that connects buyers with service providers.
1.0 Introduction
Please review these Terms of Use before using Maney Site or creating a Maney Account. They outline your legal rights and responsibilities regarding Datum ClearMind Sdn Bhd.
1.1 Definition
The Services encompasses:
Any new features or enhancements fall under these Terms of Use. These terms govern your usage of Maney’s Services. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms, like the terms for subscription billing for different plans, our usage policy and privacy policy.
These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). you may not access or use the Site or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
2.0 Agreement to be Bound
If you have any questions or concerns about these terms and conditions, please contact us via email address stated at the end of this document.
By using our platform, you acknowledge that you have read, understood, and agreed to these terms and conditions.
3.0 Detailed version of the terms:
3.1 Accounts
3.2 Access to the Site
3.3 Modification
Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
3.4 No Support or Maintenance
You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site.
3.5 Ownership
Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.2 (a). Company and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.
3.6 Feedback
If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
4.0 User Content
4.1 User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile, comments or prompt template postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Company. Since you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
4.2 Grant of License by User
You agree to grant to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
4.3 Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”:
5. Enforcement
We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 2(g), and/or reporting you to law enforcement authorities.
6. Indemnification
You agree to defend, indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of
7. Third-Party Links & Advertisements; Other Users
7.1 Third-Party Links & Advertisements
The Maney Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. We are not responsible or liable for any loss or damage of any sort incurred as the result of any dealings or as the result of the presence of third-party advertisers on the Services.
7.2 Other Users
Each Site user is solely responsible for any and all of its own User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that theCompany will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
7.3. Release
You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).
8. Disclaimers
You agree that use of the Services is at your sole risk. Neither us nor our affiliate, nor any respective employees, agents, third-party content providers or licensors warrant that the use of the Services shall be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or content of any information provided.
8.1 Disclaimer of Warranty
The Maney Site is provided on an "as is'' basis without warranties of any kind, either express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to these Terms of Use. Maney does not warrant that your use of the Services will be uninterrupted or error-free, that Maney will review the information or materials made available through the Services for accuracy or that it will preserve or maintain any such information or materials without loss. Maney shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Maney. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law. Although all information and materials carried on Services are believed to be reliable, we make no representations, neither expressly nor impliedly, as to the accuracy, completeness, timeliness, or reliability of the Services.
8.2 Limitation on Liability
To the maximum extent permitted by law, in no event shall we, our employees, subsidiaries, parents, agents, third-party content providers, affiliates, and/or our or their respective directors and officers be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, including but not limited to loss of profits, personal injury or death, property damage, reputational harm, or loss of information or data, and even if advised of the possibility of such damages, which arise out of or are any way connected with or relate to
We disclaim any and all liability of any kind for any unauthorised access to or use of your personally-identifiable information. By utilising the Services, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or otherwise utilise the Services.
9. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 3.2 through 3.6, Section 5 and Sections 5 through 10.
10. Copyright Policy
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (Pursuant to Copyright Act 1997 must be provided to our designated Copyright Agent)
To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Please note that, pursuant to Copyright Act 1987, any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand, accept and agree that your identity and claim may be communicated to the alleged infringer.
11. General
11.1. Changes
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2 Dispute Resolution
Please read this Section 11.2 (a) (sometimes referred to herein as this “Arbitration Agreement”) carefully. It is part of your contract with theCompany and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
11.3. Electronic Communications.
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email.
For contractual purposes, you
11.4. Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Companies may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
11.5. Copyright/Trademark Information
The designated Copyright Agent for Company is:
MyIPO
Level 5, Menara MylPO, PJ Sentral,
Lot 12, Persiaran Barat, Seksyen 52,
46200 Petaling Jaya, Selangor.
ipmalaysia @ myipo.gov.my
11.6. Contact Information:
Email: legal @ maney.app