These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you) and QBEEP INTELLIGENT SYSTEMS SDN. BHD. ("Company", "we", "us", or "our"), concerning your access to and use of the https://qbeep.com/ as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected there to (collectively, the "App"). We are registered in Malaysia and have our registered office at V05-03A-07, Signature 1 (V05), Lingkaran SV, Sunway Velocity, 55100 Kuala Lumpur, WP Kuala Lumpur. You agree that by accessing the App, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the App after the date such revised Terms of Use are posted.
The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The App is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the App.
This page provides the mobile application's terms of service. This application was created in part for NXG Global(hereinafter referred to as "We," "Us," or "Our"). Visitors and users of this programme will be referred to as "you" and "your." The terms and conditions set out on this page govern the use of this application. YOU ARE DEEMED TO HAVE ACCEPTED WITHOUT RESERVE OUR TERMS OF USE BY EXPLORING THIS APPLICATION. DO NOT ACCESS OR USE THIS APPLICATION IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT. If any provision of these Terms of Use is found to be invalid and/or unenforceable by a court or legal body, the other terms will remain in effect. The information, including but not limited to, text, graphics, images and other material contained on this mobile application are for informational purposes only.
This mobile application does not provide medical advice all of the material provided on the mobile application, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings. And any other material provided on the mobile application are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this mobile application. If you think you may have a medical emergency, call your doctor immediately.
NXG Global does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the mobile application. Reliance on any information provided by NXG Global, by persons appearing on the mobile application at the invitation of NXG Global, or by other members is solely at your own risk
This web mobile application contains medical and health information intended for a mature audience of 18 years and older who has access to a qualified medical practitioner or healthcare provider and a valid company email account. To visit this Mobile application, underage users must obtain permission from their legal guardian, i.e. parents. For further access to some web pages on the Mobile application, personal information may be required for registration. To register, you must complete out a form based on dealership with NXG Global, the information, including your full name, company email address, phone number, address, and shipping address.
By registering with us, you give us permission to use your personal data for the purposes outlined in our Privacy Policy, as well as any applicable data privacy laws in your country. When registering to use our services, you must submit correct and verified personal information. If you do not comply, we may, in our sole discretion, remove your existing personal account from our database and restrict access to web pages on our Mobile application at any time for any reason. If you supply false or misleading personal information with the goal of abusing and exploiting our services, we will not be liable for any suspension or termination of your account.
This Mobile application was created with the most up-to-date information available at the time of release. We also endeavour to deliver information on this Mobile application in a way that is accurate, transparent, and instructive. We cannot, however, guarantee that the material is completely correct or up to date at the time you access it. By using this mobile application, you agree to the following terms and conditions regarding MOBILE APPLICATION CONTENT.
We may provide products that are not registered in your country or that have not yet passed product inspection, quality inspection, or safety legislation in your country of residence. You should check with local authorities for information on our products and/or services or contact us at smfd.enquiry@nxg- global.com for more information
Intellectual property rights cover all items on this Mobile application, including text, pictures, visual animation, audio, videos, material organisation, and layouts. Your computer can download and cache these files for viewing by browsing this Mobile application. However, the terms of use set forth above govern your use of these content. Without our specific consent, you are prohibited from copying, duplicating, altering, selling, renting, reproducing, or licencing our Mobile application resources for commercial or non-commercial reasons. Downloadable contents made available for distribution are intended solely for personal use, and commercial exploitation is strictly banned.
The materials are provided to you only for the internal use or for promoting the product and brand (alteration to the provided materials is prohibited*). No other use of the information or materials is authorized. As a condition of use, you must retain all copyright and other proprietary notices, without alteration, as set forth in the original materials or any copies thereof. Any violation of the foregoing may result in civil and/or criminal liabilities.
The copyright includes names, brands, logos, trademarks, images, text, columns, graphics, photographs, power points, illustrations, artwork, audio clips, video clips, software, and other elements constituting the sales, marketing and educational collaterals (collectively “Content”). These are protected by copyrights and other intellectual property rights owned and controlled by our respective clients. Except as specifically provided herein or elsewhere, any unauthorized use of the Content or any other information and materials found, will be considered violation of copyright, trademark, and other laws*. Accordingly, if the Content is altered by you and is found to be incorrect, incomplete or misleading as a result of your negligence, NXG will not be responsible for any loss that may result.
SMFD may, under the instruction of its client, terminate or suspend your access to all or part of the client’s Content. Our clients strive to provide you with useful, accurate, and timely information in their sales, marketing and education collaterals; and may change the Content of any information or materials available, or to the products’ descriptions, at any time without prior notice; SMFD nor / or clients therefore assumes no responsibility for the accuracy and completeness of any information or materials found in the Content. All information and material available are provided “as is” without any guarantee or any kind, either express or implied.
SMFD and / or clients disclaims all guarantees, conditions and other terms of any kind, either expressed or implied, including those relating to satisfactory quality, merchantability, fitness for a particular purpose. All material or information in the Content is not meant to replace professional medical advice and consultation.
*For permission of use of our Clients’ logos and trademarks on merchandise and other marketing materials, you must be an Exclusive Distributor, or have the authorisation to do so. For Brand Authorisation please contact your client manager to provide further details.
By using the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the App for any illegal or unauthorized purpose; and (7) your use of the App will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the App. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the App. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales/Government Goods and Services tax will be added to the price of purchases as deemed required by us. We may change prices at any time.
You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the App, you agree not to:
The App does not offer users to submit or post content. In the near future, we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively. "Contributions"'). Contributions may be viewable by other users of the App and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the App Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
You and App agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the App, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the app. You are solely responsible for your Contributions to the App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the obligation, to: (1) monitor the App for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.
These Terms of Use shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON. INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME. WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.
We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms of Use will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
These terms shall be governed by and defined following the laws of Malaysia and yourself irrevocably consent that the courts of Malaysia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the Asian International Arbitration Centre, which, as a result of referring to it, is considered as the part of this clause. The governing law of the contract shall be substantive law of Malaysia.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (C) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the App that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.
QBeep respect the local trademark laws and requires that any of its ads, e-vouchers and related information displayed don't infringe third party trademarks. We recognize that third parties may properly use trademarks in certain situations, such as by resellers to describe products. If a trademark owner submits a complaint to QBeep about the use of their trademark in its ads and e-vouchers we will review it and may enforce certain restrictions on use of the trademark, including removing the logo , ads, e-vouchers and related information as it deemed fit. If you are a trademark owner concerned with the use of your trademark, please email us at enquiry@smartmfdealers.com.
THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY THING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILLAT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN MALAYSIAN LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnity, and hold us harmless, including our subsidiaries, atlates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, lability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of (1) use of the App; (2) breach of these Terms of Use: (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnity us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Personal data may be collected by this mobile application for the following reasons:
The following are the types of personal information we collect on this mobile application:
Through email correspondence, we will only ask for supplemental or additional information relevant
to our business transactions and customer interactions, and this information will only be collected and
held with your informed consent.
The terms of our Privacy Policy govern how we utilise your personal information. We will keep your personal information on our secure server and give you with a username and password to access it.
We take the necessary precautions to protect your personal information and prevent data breaches by third parties. However, there may be technological advancements that we are unaware of or unable to detect that allow unscrupulous parties to compromise protected data. If this occurs, we will let you know if your personal information has been compromised.
To further improve our services, we will utilise your personal information to create a profile for you, monitor customer relations services, and send you appropriate emails for communication. You have the right to access, amend, add, and delete your personal data kept on our systems, in accordance with applicable data privacy legislation. Please contact us at smfd.enquiry@nxg- global.com to have all of your personal data deleted from our servers.
THESE TERMS AND CONDITIONS, AS WELL AS THE CONTENT OF THE MOBILE APPLICATION, MAY BE MODIFIED AT ANY TIME WITHOUT NOTICE. WE MAY CHANGE THE INFORMATION ON THIS MOBILE APPLICATION AT SUCH TIME, and we are not obligated to notify you of any changes
Visiting the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Use and any policies or operating rules posted by us on the App or in respect to the App constitute the entire agreement and understanding between you and us, Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the App. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the App or to receive further information regarding the use of the App, please email us at enquiry@smartmfdealers.com.
YOU GIVE YOUR ACCEPTANCE AND CONSENT TO THESE TERMS OF USE, WHICH SHALL INCLUDE THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERRED HEREIN AND/OR LINKED HERETO AND/OR IMPOSED BY US FROM TIME TO TIME, BY ACCESSING THE SOFTWARE, USING THE SERVICES AND/OR REGISTERING FOR AN ACCOUNT WITH US. A LEGALLY BINDING AGREEMENT BETWEEN QBEEP AND YOU AS THE USER SHALL BE CREATED BY YOUR ACCEPTANCE OF THESE TERMS OF USE. PLEASE IMMEDIATELY DISCONTINUE ACCESSING AND USING THE SOFTWARE, ACCOUNT, AND/OR SERVICES IF YOU DO NOT AGREE WITH THESE TERMS OF USE, IN WHOLE OR IN PART.
• The "Services" we provide or make available include (a) the Software, (b) the features provided or introduced from time to time on the Software and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, tools, application services (including, without limitation, any mobile application services) or other materials made available on or through the Software or its related services ("Content"). Any new features added to or augmenting the Services are also subjected to these Terms of Use. These Terms of Use shall bind all Shoppers who use the Software and/or any Services provided by us such as our customers and/ or consumers ("Shoppers", "User", "you" or "your").
• Please do not use or access the Software and/or our Services if you are under the age of eighteen (18) or the legal age for giving consent hereunder pursuant to the applicable laws in your jurisdiction ("Legal Age"). If you are below the Legal Age, you must get permission from a parent or legal guardian to open an Account and that parent or legal guardian must agree to these Terms of Use on your behalf.
• If you are accessing the Software and/or using our Services on behalf of a corporation, you must ensure that you are duly authorised by the corporation and have the full right and authority to access the Software, open an Account, and/or use our Services on behalf of the corporation in accordance with these Terms of Service.
• We reserve the right to change, modify, suspend, or stop the Software and/or Services, in whole or in part, at any time or upon notice as required by local law. We may release new features in a beta or trial version, which may not function correctly or in the same manner as the final version. In such cases, we are not liable. We may also place limits on certain features or restrict your access to portions of the Software and/or Services, or the entire Software and/or Services, at our sole discretion, without prior notice or liability to you. WE MAY ALSO AMEND THESE USAGE TERMS TO INCLUDE TERMS RELATING TO THE NEW FEATURES. YOU ACKNOWLEDGE, ACCEPT, AND AGREE TO THESE TERMS BY CONTINUING TO USE THE NEW FEATURES.
• We reserve the right, at any time and at our sole discretion, to subcontract and/or appoint our subsidiaries, affiliates, related entities, and/or any third party service provider(s) to operate the Software and/or deliver the Services and/or a portion thereof on our behalf. We reserve the right to delegate, transfer, assign, or novate, in whole or in part, our rights, benefits, or obligations to our subsidiaries, affiliates, or appointed third party service provider(s) without your consent and/or without notification to you.
• WE MAY FROM TIME TO TIME AMEND, MODIFY, OR UPDATE THESE TERMS OF USE. ANY CHANGES WE MAKE TO THESE TERMS OF USE WILL BE PUBLISHED ON THE SOFTWARE AND, WHERE APPROPRIATE, NOTIFIED TO YOU BY EMAIL OR THROUGH THE COMMUNICATION CHANNEL MADE AVAILABLE ON THE SOFTWARE. YOUR CONTINUED ACCESS TO THE SOFTWARE, YOUR ACCOUNT THEREAFTER, AND/OR YOUR USE OF ANY OF THE SERVICES SHALL PLEASE REVIEW THESE TERMS OF USE PERIODICALLY FOR UPDATES OR CHANGES.
YOU GIVE YOUR ACCEPTANCE AND CONSENT TO THESE TERMS OF USE, WHICH SHALL INCLUDE THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERRED HEREIN AND/OR LINKED HERETO AND/OR IMPOSED BY US FROM TIME TO TIME, BY ACCESSING THE SOFTWARE, USING THE SERVICES AND/OR REGISTERING FOR AN ACCOUNT WITH US. A LEGALLY BINDING AGREEMENT BETWEEN QBEEP AND YOU AS THE USER SHALL BE CREATED BY YOUR ACCEPTANCE OF THESE TERMS OF USE. PLEASE IMMEDIATELY DISCONTINUE ACCESSING AND USING THE SOFTWARE, ACCOUNT, AND/OR SERVICES IF YOU DO NOT AGREE WITH THESE TERMS OF USE, IN WHOLE OR IN PART.
Registration of Account
• In order to access and utilize all aspects and features of the Software and/or our Services, you may be required to create and register an account ("Account") with us by providing certain personal or business information. You hereby acknowledge and agree that we or our financial institution partners may conduct credit checks on you, including but not limited to checking with registered credit bureau or reporting agency(ies) including but not limited to CTOS, CCRIS, FIS, and/or other agencies, and/or from any financial institution for the purpose of determining your credit worthiness, and you agree to execute all consent form(s) or to provide additional document(s) necessary for conducting such credit checks. You also realize and accept that we and/or our financial institution partners may share information about you with credit reporting/reference agencies and that any of these agencies may reveal your credit information to its subscribers for fraud detection and prevention purposes.
• You agree, by registering with us, to provide accurate, current, and complete information about yourself, and to update that information if it changes; if you fail to do so, we reserve the right to close your Account and any web pages and/or other pages and/or reports created under your Account within QBEEP. If we rely on the content of your application and approve you as a QBEEP's User, you irrevocably undertake to indemnify and hold us harmless for any expense, loss, or damage we may incur as a result of any erroneous or false statement or misrepresentation of facts submitted by us to you. We reserve the right to suspend or cancel your Account if you submit content that we, in our sole discretion, deem offensive or improper.
Security of Account
• To safeguard the security of the Software and your Account, you agree to:
(a) keep your personal information confidential and use only your information and/or security code when logging in.
(b) ensure that you log out from your Account at the end of each session on the Software;
(c) immediately notify us of any unauthorized use of your Account, information and/or security code;
(d) ensure that your Account information is accurate and up-to-date;
(e) use your Account only in accordance with the Terms of Use published (and updated from time to time) by us through online; and
(f) not use your Account in a manner or for any purposes which may detriment and jeopardize QBEEP's operation, interest, reputation or goodwill.
• You are fully responsible for any and all activities and transactions that occur under your Account, even if such activities or transactions were not carried out by you, as we are unable and not obligated to investigate the authenticity of a user's identity or the authority of the person carrying out an activity or transaction. We are not responsible for any direct or indirect loss or damage resulting from the unauthorized use or access of your Account or your failure to comply with these Terms of Service.
• For reasons of enhancement and improvement, we may from time to time evaluate the performance level of the Software and/or Services through software assessment. You hereby irrevocably permit and authorize us to perform periodic reviews of your Account, including but not limited to evaluating the activity and/or transactions conducted by you on the Platform or through your Account.
Identity Verification
• We may occasionally request identification verification to authenticate your ownership of your Account. This verification process is required for purposes including, but not limited to: fulfilling our obligations to the relevant authorities to combat suspicious or unlawful activities, anti-money laundering activities, and the funding of terrorism; (ii) enabling us to take action when unauthorized usage of QBEEP accounts is detected; and (iii) resolving any disputes relating to the ownership of a QBEEP account.
• You hereby irrevocably authorize us, either directly or through our third party service providers and/or our financial institution partners, to conduct any enquiries and collect any evidence that we and/or our financial institution partners deem necessary to authenticate your identification. As part of this verification process, we and/or our financial institution partners may request, and you shall provide to us and/or our financial institution partners, information about yourself that is true, accurate, current, and complete, and that can be verified through legally recognized and accepted documentation in the location where such documentation was issued.
YOU GIVE YOUR ACCEPTANCE AND CONSENT TO THESE TERMS OF USE, WHICH SHALL INCLUDE THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERRED HEREIN AND/OR LINKED HERETO AND/OR IMPOSED BY US FROM TIME TO TIME, BY ACCESSING THE SOFTWARE, USING THE SERVICES AND/OR REGISTERING FOR AN ACCOUNT WITH US. A LEGALLY BINDING AGREEMENT BETWEEN QBEEP AND YOU AS THE USER SHALL BE CREATED BY YOUR ACCEPTANCE OF THESE TERMS OF USE. PLEASE IMMEDIATELY DISCONTINUE ACCESSING AND USING THE SOFTWARE, ACCOUNT, AND/OR SERVICES IF YOU DO NOT AGREE WITH THESE TERMS OF USE, IN WHOLE OR IN PART.
• We DO NOT charge Shoppers for accessing and navigating the Software, unless otherwise specified in writing.
• We may impose fees for use of certain features on the Software. Such fees shall be as stipulated in the Specific T&C which is specific to such feature. Please refer to the Specific T&C of the feature you intend to use for more information.
To access and use the incidental software we give to you via the Platform as part of the Services, we now grant you a limited and revocable licence. These Terms of Use apply to the use of such software. The owners of any third-party scripts or code that are linked to or referenced from the Services have granted you a licence to use it. You may not attempt to reverse engineer the software in any way, including allowing or encouraging a third party to do so, altering its features or functionality, copying it entirely or in part, or creating derivative works using it. You may also not analyse or remove any components from the software.
QBEEP and, where applicable, third party owners like Merchants are the sole owners of all proprietary Content, trademarks, service marks, brand names, logos, copyrighted information, and other intellectual properties (collectively, "Intellectual Property") shown on the Platform (as defined in the Specific T&C section below). No party using the Platform is granted any right or licence to use or reproduce any intellectual property, either directly or indirectly, and no party accessing the Platform shall assert any right, title, or interest therein. You acknowledge that the Services, the Platform, and its Content are protected by copyrights, trademarks, applicable intellectual property laws, and other applicable laws by using or accessing the Services. You consent to not using any part of the Services, the Platform, or its Content in any way, including by way of renting, selling, or distributing copies or any derivative works from them. Additionally, you are not permitted to mirror or frame all or any portion of the Platform's contents on any other server or as a component of any other website, unless you have our prior written approval. Additionally, you acknowledge that without our prior written authorization, you will not use any robot, spider, or other automatic device or manual method to monitor or copy our Content (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
External Links
Links to external websites may be offered all around the Platform. You should only use these links at your own risk because we have no control over the websites they lead to and only provide them as a convenience. Any changes or updates to such sites are their own responsibility, and we are in no way liable for the contents of any such connected sites or any links contained within a linked site. We only offer these links as a convenience, and their presence in no way implies or expresses our affiliation with, endorsement of, or sponsorship of the linked site and/or any of its contents.
Each person who submits information such as data, text, photos, audio, video, software, and other content to the Services is solely responsible for the authenticity, dependability, nature, rights clearance, compliance with laws, and legal constraints impacting their supply of content. The accuracy, dependability, nature, rights clearance, compliance with the law, and legal constraints associated with any submission of Content are not our responsibility, and we shall not do so on a regular basis. You agree not to hold us liable for the actions or inactions of any other User, including without limitation any content they publish or otherwise make available through the Services.
If you are a Dealer, you further guarantee, represent, and agree to the following:
You have all necessary licences, approvals, permits, consents, authority, and mandatory insurance policies related to or in connection with your provision of the Solution(s) in the jurisdiction in which you use the Service.
You acknowledge that QBEEP has the right to conduct background checks on you from time to time to make sure you are not directly or indirectly involved in a criminal action, under investigation for a criminal allegation, or implicated in a criminal proceeding; and that you shall comply with all local laws related to your provision of the Solution(s) and will be solely responsible for any violations of such local laws;
You must not get in touch with customers for anything other than service-related reasons;
You may not use the Application or any service or information made available or offered by or through the Application in any way with the intent to reveal any information, including but not limited to personal identification information, or reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Application, or any Consumers, including without limitation any user account not owned by you, to its source.
If you are obliged to create an account on behalf of your employer and do so, that employer will be the account's owner, and you guarantee that you are authorised to bind that employer to the Agreement.
It is expressly prohibited for you to use the Service for any other functions, including but not limited to data mining of QBEEP's data or data associated with the Application or the Service. If you use the Service for a purpose other than what it was designed for, it is a grave offence and may be treated as industrial espionage or sabotage. QBEEP reserves the right to take whatever legal action may be appropriate or permitted against you and/or any person, whether natural or artificial, directing or instructing you.
Without limiting any other provisions, information you have provided to us for the purpose of registering as a Partner on the Platform, which may include personal data as defined in the Privacy Policy, may be temporarily linked to the account on the Platform or otherwise displayed as part of the Services on the Platform. You hereby provide your approval to such usage of information for the Solutions and to make the Platform easier for you to use. To better serve you and give you information about your company and account, we or a third-party service provider may keep an eye on how you use the Platform or any component thereof. Furthermore, you acknowledge that any personal information you provide to the Platform or in any other way in connection with the Solutions will only be used for the explicit purpose for which it was given, and that it will be deleted or anonymized as soon as it is no longer necessary to use it for that purpose. For the avoidance of doubt, when you receive personal information about a Consumer via the Platform in order to request advance approval to modify an order placed, you are required to use that information only for that purpose and to delete it as soon as you no longer require it.
Payments
Payment Requirements for Dealers
For using the Service, QBEEP will charge you per what you ordered (orders). You must pay the orders, and they are not refundable. This no-refund policy will always be in effect, regardless of whether you decide to stop using the Application or Platform, we decide to stop using the Application or Platform, there is a deliberate, unintentional, or inadvertent disruption of the Service, or for any other reason.
The dealer can collect payment for the payment of orders via payment gateway. The dealer is responsible for ensuring that the package is fully utilised before the expiration date stated on the package. QBEEP will not refund the leftover amount that is left in the orders.
QBEEP reserves the right to stop processing any transaction in which have violated any of the terms of this Agreement, or in which QBEEP has a reasonable suspicion that the transaction may be fraudulent, illegal, or entail criminal behaviour. In this situation, you agree not to hold QBEEP responsible for any payments that are withheld, delayed, suspended, forfeited, or cancelled.
QBEEP reserves the right to make promotional offers with different features and varying prices on the Solutions at its sole discretion. The Package Fee may be modified at any moment by QBEEP in its sole discretion.
Complaints
Any disputes between Merchants and Consumers must be resolved immediately between the parties. Consumers can refer https://www.kpdnhep.gov.my/en/consumerism/hak-pengguna/consumer-complaints for consumer complaints according to Malaysian law.