IMPORTANT - PLEASE READ all THESE TERMS AND CONDITIONS CAREFULLY as they contain important information about your rights, remedies and obligations. If you do not agree to fully Comply with all the terms and conditions, you shall have no right and are immediately prohibited from downloading, installing, browsing and/or using trobuy (defined below) in any manner whatsoever.
Terms and Conditions
Last updated on 8th February 2018
Thank you for using Trobuy.
All the terms and conditions herein constitute a legally binding agreement between you and Trobuy Sdn. Bhd. (Company no. 1245537-H), a company registered in Malaysia (hereafter referred to as the "Company").
The Company is a technology company that links Shopper (defined below) to Traveller (defined below) (hereinafter referred to as "Trobuy Services") through a the Company's web, mobile, tablet and/or other smart device applications and/or websites (the said applications and website are collectively and individually known as "Trobuy Platform". The Trobuy Services and Trobuy Platform are collectively and individually known as "Trobuy").
1.0 Acceptance of Agreement
- By downloading, installing, accessing, browsing and/or otherwise using Trobuy and/or any software supplied by the Company in any manner whatsoever, you hereby confirm that you fully understand and agree to be legally bound by and you shall fully comply with these terms and conditions and all future variations, amendments and/or otherwise any changes to these terms and conditions as published through the Trobuy Platform from time to time.
2.0 Changes to these Terms and Conditions
- The Company reserves the right to unilaterally vary, amend and/or otherwise make any changes to any or all of these terms and conditions at any time whatsoever in its sole and absolute discretion as the Company deems fit.
- If the Company varies, amends and/or otherwise changes any or all of these terms and conditions, the Company shall publish the revised terms and conditions on the Trobuy Platform and update the date at "Last updated on." The Company may notify you about the revised terms and conditions in any manner whatsoever.
- Any variation, amendment and/or otherwise changes to these terms and conditions shall be deemed to be effective immediately upon publishing of an updated version through the Trobuy Platform.
- If you do not accept the revised terms and conditions, you must close your account with immediate effect.
- Any continued use of Trobuy after the Company has published the revised terms and conditions on the Trobuy Platform and updated the date at "Last updated on" consitutes your consent and acceptance to the revised terms and conditions.
3.0 Trobuy Platform
- The Trobuy Platform enables registered user (hereinafter referred to as the "Member") who offers services (Member who offers services is hereinafter referred to as the "Traveller" and the services that the Traveller offers are hereinafter referred to as the "Traveller Services") to communicate and transact with other Member who is seeking to engage such Traveller Services (Member who uses the Traveller Services is hereinafter referred to as the "Shopper"). The Traveller Services includes but is not limited to purchasing and/or acquiring goods from other countries, delivering the said goods or causing the said goods to be delivered to the Shopper and/or all other legally permitted services.
- Except as otherwise specified in these terms and conditions, the Company does not at any time whatsoever sell, import, export and/or deal with any goods in any manner whatsoever and/or provide traveling, transportation and/or delivery services. The Company also does not at any time whatsoever act as an insurer, agent, broker, stakeholder and/or any capacity for and on behalf of the Member.
- When the Traveller offers and the Shopper accepts the Traveller Services, both the Traveller and Shopper enter into a contract directly and privy with each other upon such terms and conditions which have been mutually agreed by the Traveller and Shopper. The Company is not and does not become a party to any contractual relationship between the Traveller and Shopper to which both the Traveller and Shopper shall be solely and fully responsible thereto.
4.0 Representations, Warranties and Undertakings
- By downloading, installing, accessing, browsing, uploading and/or otherwise using Trobuy and/or any software supplied by the Company in any manner whatsoever, you expressly represent, warrant and irrevocably undertake as follows:
- you are at least eighteen (18) years old and have the legal capacity and authority to enter into a legally binding contract.
- if you are confirming and agreeing on behalf of a corporation or any other legal entity, you hereby warrant and represent that you have the authority to bind that company or other legal entity to these terms and conditions and all subsequent revision thereto and in such event, all references to "you" and "your" shall refer and apply to that company or other legal entity.
- you have obtained independent legal advice on these terms and conditions.
- you agree that it shall be your sole responsibility to read and understand these terms and conditions and all subsequent revisions thereto and the Company's policies, if any.
- you shall only use Trobuy if you domicile in Malaysia and/or any of our approved countries.
- 4.1.6 you shall use Trobuy for your own sole and personal use. You shall not authorize the use of, assign, sell and/or otherwise part with your identity and/or account to any other person and/or entity.
- you shall be liable for any and all activities conducted on and/or through your Trobuy Platform account
- you are solely and fully responsible for maintaining the confidentiality and security of your Trobuy Platform account.
- you shall immediately notify the Company if you know or have any reason to suspect that your Trobuy Platform account has been misappropriated, compromised or used without your authorisation.
- you shall offer and/or accept the Traveller Services after investigating and conducting independent due diligence on the goods, Member, Company, Trobuy, laws, regulations, rules, orders, rights, licences, titles, interests, policies and/or otherwise whatever is relevant to you and not to rely upon any statement of law and/or fact made by the Company and/or Collective Content (defined below).
- you are the sole and exclusive owner of all Member Content (defined below) that you make available on and/or through the Trobuy Platform or if you are not, you have duly obtained all rights, licenses, consents, releases and/or otherwise that are necessary to grant to the Company all the rights in and to such Member Content.
- you are solely and fully responsible for all Member Content which you make available on and/or through the Trobuy Platform.
- your uploading, posting, transmission and/or publishing of the Member Content and/or the Company's use of the Member Content shall not at any time and in any manner whatsoever infringe, misappropriate, violate any third party's rights, licences, titles, interests and/or result in the contravention of any law, regulation, rule, order, policy and/or otherwise.
- you are solely and fully responsible for and shall assume all risks, costs and expenses arising from and/or in relation to your use of or inability to use Trobuy, Collective Content and/or any links belonging to third parties which may be present on the Trobuy Platform.
- you agree that the Company may from time to time remove or cancel Trobuy for indefinite period of time and/or otherwise limit or disable your access to Trobuy in any manner whatsoever without any prior notice to you.
- you are solely and fully responsible for securing and backing up your electronic devices at all times.
- you are aware that Trobuy may be subjected to limitations, delays and/or otherwise any other shortcomings inherent in the use of the internet, technologies and/or electronic communications.
- you are solely and fully responsible for all your communications and/or interactions with other Member on and/or outside of the Trobuy Platform.
- you are solely and fully responsible for all events occuring during your use of Trobuy which includes but not limited to any changes made to the goods and/or mode of delivery.
- if you are a Shopper, you are solely and fully responsible to provide a clear copy of the receipt and/or an accute payment reference for payment made by automated teller machine transfer and receiving delivery of the goods once the goods are delivered to the address provided by you.
- if you are a Traveller and shall be delivering the goods personally to the Shopper, you are solely and fully responsible to ensure that the Shopper confirms receipt of the goods.
- you shall provide us with proof of identity which includes but is not limited to an image of your identification card and/or passport for the purpose of first time withdrawal verification.
- you are responsible to resolve any misunderstandings, issues, disputes and/or otherwise between you and any other Member amicably and promptly.
- all the information which you provide and/or shall be providing are true and accurate. You are at all times responsible to provide and keep all your information accurate, current and complete. If any part or all of your information is reported and/or found to be untrue, inaccurate, not current and/or incomplete in any respect, the Company has the right (but does not have the obligation) to terminate this agreement and your use of the Trobuy at any time without any notice.
- you are authorised to provide Personal Data (defined below) relating to other individuals and you have obtained their consent for their Personal Data to be processed and used in the manner as stated in these terms and conditions.
- you shall use Trobuy for lawful purposes only and are solely and fully responsible for compliance with all laws, regulations, rules, orders, rights, licences, titles, interests, policies and/or otherwise in relation to your use of Trobuy. You shall not promote, do and/or assist others to do and/or promote including but not limited the following:
- all acts and/or ommissions which contravene any of these terms and conditions, laws, regulations, rules, orders, rights, licences, titles, interests, policies and/or otherwise.
- all acts which interfere and/or affect the Trobuy Platform and/or Company's provider in any manner whatsoever.
- all acts which circumvent, defeat, breach and/or otherwise affect any technological measures implemented by the Company, the Company's providers and/or other third parties to secure and protect the Trobuy Platform.
- to use the Trobuy Platform and/or Collective Content for any purposes that are not expressly permitted by these terms and conditions and/or misleads any person as to your partnership, endorsement, affiliation and/or otherwise with the Company.
- all acts which affect and/or harm the brand of the Company and/or cause losses and damages to the Company.
- to build any type of application using ideas, features, functions, graphics and/or otherwise similar and/or copied from the Trobuy Platform.
- to use any process and/or other means to access, collect any data and/or interact with the Trobuy Platform and/or Member.
- to use the Trobuy Platform to distribute any form of unsolicited messages and/or advertisements.
- to use the Trobuy Platform to store and/or send any unlawful data, content and/or information.
- to enquire for goods that you do not intend to accept.
- to offer any service and/or at such price which you have no intention to perform and/or shall not perform.
- to offer goods which you are not able to obtain and/or make available through the Trobuy Platform.
- all misrepresentation, fraudulent, deceitful, misleading and/or otherwise unlawful acts and/or ommissions whether intentionally or unintentially to other Member.
- to contact other Member for purposes other than to ask a question or answer the Member's enquiries, offer, acceptance, payment and/or delivery including but not limited to ask regarding use of the Trobuy Platform, recruit, solicit and/or otherwise poach Member to join services, applications and/or websites provided by third parties,.
- to abuse the referral, credit and/or otherwise other systems in place for the benefit of the Member, if any including but not limited to creating multiple accounts.
- to offer any service independent of the Trobuy Platform for reasons including but not limited to circumventing any obligation to pay maintenance fees to the Company.
- to annoy, cause inconvenience, offend, threaten, defame, discriminate, harass, stalk, engage in any abusive and/or disruptive behavior, harm and/or otherwise hurt anyone in any manner whatsoever including but not limited to using a user identification that the Company in its sole discretion finds offensive and/or inappropriate.
- to upload, post, publish, submit and/or transmit any Member Content that is unlawful, offensive, false, obscene, vulgar and/or pornographic.
- to hold the Company responsible for any reasons whatsoever.
- you agree that the Company is entitled do anything for any reasons whatsoever as the Company deems fit in its sole discretion without any prior notice and/or liability to you or any other persons in relation to Trobuy including but not limited to terminating this agreement, baning, removing, suspending and/or disabling your account, your user identification, access to you and/or your Member Content, withdrawing any promotion, rebate and otherwise any benefit which may be offered to you, canceling any transaction, temporarily withholding or refunding any sale proceeds and/or proceeding with any legal action against you. The grounds may include and is not limited to breach of these terms and conditions, extended periods of inactivity, the interest of the Company is affected in any way whatsoever, commencement legal disputes in relation to your account and/or your usage of Trobuy.
- you agree to assume full responsibility and liability for all losses and damages suffered by yourself, the Company and third parties as a result of your access and/or use of Trobuy.
- you agree that you will cooperate and to assist the Company in complying with all laws, regulations, rules, orders, rights, licences, titles, interests, policies and/or otherwise .
- you shall at all times promptly and effectively carry out and complete all transactions, if any, in good faith.
- all your obligations and liabilities shall survive termination of this agreement.
5.0 Account Registration
- You shall register an account on the Trobuy Platform to access and use Trobuy.
- You shall provide accurate, current and complete information during the registration process and keep all information in relation to your Trobuy Platform account up-to-date at all times.
- You shall not register more than one (1) Trobuy account.
- A Member may make available contents which includes but not limited to texts, photos and/or otherwise any other data by creating, uploading, posting, sending, receiving and/or storing the said contents on and/or through the Trobuy Platform (hereinafter in after referred to as "Member Content") subject to the sole discretion of the Company.
- By your actions of making available any Member Content on and/or through the Trobuy Platform, you hereby expressly grant to the Company a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, sub-licensable and transferable license to the said Member Content to access, distribute, use, store, duplicate, vary, prepare copy of, publish, transmit, stream, broadcast, exploit and otherwise to make use of in any manner whatsoever as the Company shall in its sole discretion deems fit without any notice to you including but not limited to promote the Trobuy Platform in any form of advertisement.
- A Member may access and view the Member Content and other contents which the Company may in its sole discretion makes available to the Member on the Trobuy Platform, including proprietary contents belonging to the Company and/or any content licensed and/or authorized for use by any third party to the Company (hereinafter referred to as "Trobuy Content". The Member Content and Trobuy Contents are hereinafter referred to as "Collective Content").
- The Trobuy Content may in its entirety or in part be protected by copyrights, trademarks, and/or other laws, regulations, rules, orders, rights, licences, titles, interests, policies and/or otherwise applicable. The Trobuy Content including all associated intellectual property rights thereto are the exclusive property of the Company and/or any of its licensor and/or authorizing third party. You will not modify, remove, obscure and/or do any act which would otherwise compromise any copyright, trademark, service mark and/or other proprietary rights notices incorporated in and/or accompanying the Trobuy Content.
- No licenses and/or rights are granted to you by implication and/or otherwise under any intellectual property rights owned and/or controlled by the Company and/or any of its licensor and/or authorizing third party. You shall not use, duplicate, modify, copy, distribute, license, sell, transfer, display, perform, transmit, broadcast, exploit and/or otherwise deal with the Trobuy Content in any manner whatsoever.
- You agree to cooperate with and assist the Company in good faith and to provide the Company with all such information and/or take all such actions as may be requested by the Company at all times.
7.0 Offer, Acceptance and Payment
- The Traveller shall make an offer by clicking or tapping on the "Offer to Help" function and Shopper shall accept the offer by clicking or tapping on the "Buy now" function.
- All prices of the goods (hereinafter referred to as the "Price") shall be inclusive of the goods and all taxes, duties, delivery fees and all other cost, expenses, fees and otherwise incurred in relation to the goods which shall be paid by the Traveller immediately upon request by the authorities, parties and/or all other entities.
- The payment for the Price and maintenance fees shall be made to the Company by either of the following modes of payment:
- Online payment gateway provided by iPay88.
- The Price shall be automatically credited into the main wallet of the Traveller on the Trobuy Platform after the Shopper confirms that the goods have been received. For avoidance of doubt, the amount credited shall not include the maintenance fees.
- After the Price has been credited into the main wallet of the Traveller, the Traveller shall have to request for withdraw of the Price from the main wallet. The Company shall proceed to transfer the Price as soon as possible after the Company receives a withdrawal notification.
- If the goods are delivered by courier and the Shopper fails to confirm that the goods have been received, the Company may check the delivery status through online tracking. If the Company finds that the goods have been delivered for more than three (3) working days, the Company shall proceed to transfer the Price to the main wallet of the Traveller as soon as possible.
- If the goods are delivered personally, the Shopper has to confirm that the goods have been received failing which the Company is unable to transfer the Price.
8.0 Maintenance fee
- The Company shall charge a non-refundable maintenance fee equivalent to five percent (5%) of the Price for each and every transaction. The Company may in its absolute discretion refund the maintenance fee on a case-to-case basis (but does not have the obligation to do so).
- The maintenance fee shall be added to the Price offered by the Traveller and the Shopper shall be liable to pay the maintenance fees upon acceptance of the offer.
- The Traveller shall be notified after the payment for the goods has been made by the Shopper and the Company receives and/or verifies the said payment.
- The Traveller shall deliver or cause the goods to be delivered to the Shopper in the following manner:
- by personal delivery; or
- by courier. The Traveller shall confirm the full and accurate details in relation to the delivery including but not limited to the name of the delivery company and consignment and/or tracking number through the Trobuy Platform to the Shopper.
- The goods shall be delivered by the Traveller within seven (7) days after the Traveller arrives in the country of residence of the Traveller failing which the Company reserves the right to refund all payments made for the goods to the Shopper without any prior notice. For avoidance of doubt, any refund shall not include the maintenance fee. The Company may in its absolute discretion refund the maintenance fee on a case-to-case basis (but does not have the obligation to do so).
- The duration between the date of the offer was made by the Traveller and the date of the Traveller's arrival in the country of residence shall be not more than ninety (90) days.
- The Shopper undertakes to obtain adequate and appropriate insurance coverage for the goods to insure against all risks.
- The ownership of the goods shall remain with the Traveller until the goods have been received by the Shopper.
- The Traveller bears all risk to the goods until the goods have been received at the delivery address provided by the Shopper save and except in such event any risk materialise which is not due to the fault and/or negligence of the Traveller.
- Once the goods have been acknowledged received in any manner whatsoever, the Traveller and the Company shall not liable for any losses and damages, refunds and whatsoever otherwise demanded and/or claimed by the Shopper.
- There shall be no exchanges and/or return of the goods in any circumstances.
10.0 Cancellation and/or Refund
- The Shopper is entitled to cancel and/or reject any offer before payment is made by the Shopper and received by the Company.
- The Traveller is entitled to terminate the agreement between the Traveller and Shopper if the goods are found to be out of stock.
- The Company reserves all its rights to suspend and/or cancel any accepted offer on the Trobuy Platform at any time and for any reasons whatsoever including but not limited to insecure and/or suspicious activities (but does not have the obligation to do so). If the accepted offer is canceled by the Company, both the Traveller and Shopper hereby agree that the sole remedy shall be the refund of the payment made for the goods to the Shopper. For avoidance of doubt, the said refund shall not include the maintenance fee. The Company may in its absolute discretion refund the maintenance fee on a case-to-case basis (but does not have the obligation to do so).
- The Shopper shall contact the customer service department of the Company and apply for the approval of the Company to refund the payment for the goods. The Company reserves all its rights including but not limited to rejecting the said application to refund if such refund is not in accordance with these terms and conditions and/or policies of the Company.
- If the application to refund is approved, the Member shall allow at least seven (7) working days for the refunds to be processed. The said duration may be extended in the sole discretion of the Company.
- For avoidance of doubt, the Company shall not be made liable to refund any maintenance fees under any circumstances.
- By downloading, installing, browsing and/or using Trobuy in any manner whatsoever, you hereby irrevocably agree that the Company hereby disclaims all express, implied and/or statutory warranties imposed onto the Company and the Company shall no liabilities and/or obligations whatsoever. The disclaimers includes but not limited to the following:
- the Trobuy Platform and Collective Content is provided on a "as is" and "as available" with all faults and without warranty of any kind.
- the Company and its licensors and/or authorizing third parties hereby grants you a revokable, non-exclusive, non-transferable, non-assignable, personal, limited license to use Trobuy subject to these terms and conditions and the policies of the Company. All rights not expressly granted to you are reserved by the Company and its licensors and/or authorizing third parties.
- the Company disclaims all express, implied and/or statutory warranties in relation to Trobuy, Collective Content, Member, goods and services including but not limited to quality, reliability, quiet enjoyment, completeness, security, accuracy, skill, judgment, authencity, usage of trade, quality or fitness for purpose, title and non-infringement.
- the Company has no obligation to conduct any background checks, verifications and/or monitoring on the access, usage, transactions, payment and/or delivery, control, manage and/or filter the Member Content and/or resolve any dispute between any Member (but has all rights to do so in its absolute discretion). If the Company in its absolute discretion chooses to do so, all disclaimers in relation to the same shall remain intact. If the Company chooses to conduct any identity verification and/or background checks on any Member, the Company disclaims all warranties of any kind whether express or implied.
- the Company does not endorse any Member Content. Any description on the Trobuy Platform is not an endorsement, certification and/or guarantee by the Company in relation to any Member in any way whatsoever including but not limited to the identity, background and trustworthiness of the Member.
- the Company is not responsible and/or liable for anything whatsoever in relation to the contents, services, products and/or otherwise of links belonging to third parties which may be present on the Trobuy Platform. The Company does not endorse any third party and everything in relation thereof.
- the Company shall not be responsible and/or liable for any delays, failures, injuries, losses and/or damages in relation to your use of Trobuy including but not limited to damage to goods, non-delivery, loss of goodwill, loss of profits, loss of data, interruption of business and/or service, any commercial losses and damages, damage to electronic devices and emotional distress howsoever alleged to have arised, be arising and/or caused.
- no oral and/or written information given by the Company, employees, agents, representatives and/or otherwise shall create a warranty.
- the Company shall not be liable for all interests, fees and/or charges imposed by any third party including but not limited to fees charged for usage of credit card, internet banking, currency conversion and/or otherwise. The Company shall also not be liable for loss from currency conversion.
- the Company shall not be liable in the event you infringe, misappropriate, violate any third party's rights, licences, titles, interests and/or result in the contravention of any law, regulation, rule, order, policy and/or otherwise.
- the Company is not responsible for usage, collection, sharing, disclosure of data and information, information processing practices and/or otherwise of links belonging to third parties which may be present on the Trobuy Platform.
- the Company's failure and/or ommission to enforce any rights or provision in this agreement shall not contitute as a waiver of such and/or any other provision.
- Any of the Company's employee, agent, representative and/or otherwise shall not have any authority to vary, amend and/or otherwise make any changes to any or all of these terms and conditions.
12.0 Waiver and/or Indemnification
- By using Trobuy, you agree to indemnify and hold the Company, its directors, officers, employees, affiliates, agents, contractors and/or licensors and/or authorizing third parties harmless and/or blameless with respect to all claims, costs, damages, losses, liabilities, expenses and/or otherwise incurred by the Company howsoever arising.
- You agree that you shall not sue and/or recover for any losses and damages from the Company, its directors, officers, employees, affiliates, agents, contractors and/or licensors and/or authorizing third parties.
- The provisions in relation to waiver and indemnity in this agreement apply to all violations described in and/or contemplated by this agreement.
13.0 Customs Duties, Taxes and/or other obligations
- You shall fully adhere to all laws, regulations, rules, orders, rights, licences, titles, interests, policies and/or otherwise in relation to taxes and customs duty.
- You are encouraged to additionally refer to the Royal Malaysia Customs Department website at http://www.customs.gov.my/en.
- The Company welcomes and encourages Member to suggest and/or provide feedback to improve Trobuy.
- All feedback submitted by you shall be deemed to be non-proprietary and non-confidential to you. By submitting feedback to the Company, you hereby agree to grant the Company an irrevocable, non-exclusive, royalty-free, worldwide, perpetual and sub-licensable to use and/or publish all your feedback for any purpose whatsoever without any payment and/or compensation to you.
- Anonymous, vague and/or defamatory feedback shall not be accepted and/or entertained.
- Any Member who may be affected by your comments, feedback and/or suggestions may be fully informed of all the facts and in turn shall be given the opportunity to put forward their facts.
15.0 Personal Data Protection
- By submitting your information to the Company, you understand and agree to the Company using and processing your personal data for the purposes and in the manner as stated below.
- "Personal Data" in this agreement shall mean information including but not limited to name, image of identification card, identification card details, birth certificate details, image of passport, passport details, nationality, address, telephone number, account details, credit and/or debit card details, race, gender, date of birth, email address, location, sensitive personal data such as data relating to health, religion, other similar beliefs and/or any information which you have provided to the Company in any form and/or that has been or may be collected, stored, used and processed by the Company from time to time.
- In some circumstances, you may have provided Personal Data in relation to other individuals and/or entities.
- The provision of your Personal Data is voluntary. If you do not provide the Company your Personal Data, the Company is unable to allow you to use Trobuy as the Company is unable to process your Personal Data.
- The Company may collect your Personal Data from sources including but not limited to the following:
- filled-up forms.
- publicly available sources.
- the Company's social media pages.
- the Trobuy Platform.
- communication with the Company.
- cookies used on the Trobuy Platform.
- Your Personal Data may be accessed and disclosed to third parties which includes but is not limited to the following:
- the Company's group of companies which comprises of subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (hereinafter referred to as the "Group")
- the Company's partners.
- service providers.
- marketing research companies.
- event management companies.
- governmental authorities.
- The Company may use and process your Personal Data for purposes which includes but is not limited to the following:
- to comply with any obligation under law and as stated in these terms and conditions.
- to provide you with Trobuy.
- to process and/or manage your registration.
- to process your participation of Trobuy including in any event, activity, contest, promotion, survey, poll and/or otherwise.
- to validate and/or process payments.
- to process any refund, reward, rebate and/or fee.
- to communicate with and/or respond to feedback from you.
- for internal administrative purposes including auditing, data analysis and/or database records.
- to understand and/or analyse the sales of the Company, your needs and/or preferences to develop, enhance and/or provide products and/or services to meet your needs.
- The Company may also use and process your Personal Data for additional purposes which includes but is not limited to the following:
- to send you notifications, newsletters, mails, updates, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and/or sponsors by post, hand, telephone, short message service, online messages and/or email.
- to notify and/or invite you to events, activities, contest, promotions, surveys, polls and otherwise organised by the Company, its partners, advertisers and/or sponsors.
- to share your Personal Data with the Group, the Company's and Group's agents, third party providers, developers, advertisers, partners, event companies and/or sponsors who may communicate with you for any reasons whatsoever.
- The Company reserves all rights to impose a fee for your access to your Personal Data.
- If any of the Personal Data that you have provided to us has changed, you shall have to update the Personal Data through the Trobuy Platform and/or notify the Company. The Company would, to the best of its abilities, endeavour to make the changes requested as soon as possible.
- The Company has the right to refuse your request to access and/or make corrections to your Personal Data for grounds permitted by the law.
- If you intend to make inquiries regarding your Personal Data and/or do not give your consent to the Company to process your Personal Data for the purposes stated above, please contact the Company at [email protected]
- If you do not consent to the Company processing your Personal Data for the additional purposes stated above, you can unsubscribe at any time.
- If you do not consent for your Personal Data to be collected by cookies, you may deactivate the cookies through your internet settings.
- You shall maintain in confidence all information and/or data relating to the Company, Trobuy, Collective Content, the Company's associated companies and/or otherwise disclosed to you and/or directly or indirectly acquired by you during the course of this agreement.
- In the event of any conflict between the agreement in the English language and other languages, the agreement in the English language shall prevail.
18.0 Entire Agreement
- This agreement constitutes the entire agreement between you and the Company and governs your use of Trobuy and supersedes any prior agreement with respect to the same subject matter between you and the Company. You may also be subjected to additional terms and conditions that may apply when you use services, software and/or contents belonging to third parties and/or any other additional services.
- No joint venture, partnership, employment or agency relationship exists between you and the company.
20.0 Governing law
- This agreement shall be governed by the laws of Malaysia without regard to the choice and/or conflicts of law provisions of any jurisdiction and any disputes, actions, claims and/or causes of action arising out of or in connection with these terms and conditions and the courts of Malaysia will have non exclusive jurisdiction over any claims arising under or in connection with these terms and conditions.
21.0 Other Provisions
- If any part of this agreement is held to be no valid and/or unenforceable, that part of the agreement shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining part of the agreement shall remain in full force and effect.
- In this agreement, any references to you shall include your respective heirs, successors, personal representatives and permitted assigns.
- Words importing the masculine gender shall be deemed and taken to include the feminine and neuter genders and singular to include the plural and vice versa.
- Words applicable to natural persons include any body of persons, company, corporation, firm or partnership corporate or incorporate and vice versa.
- All the headings in this agreement are inserted for convenience only and are to be ignored in construing the provisions of this agreement.