Terms

Term of services

KIYN TECHNOLOGIES SDN BHD (Co No 1319685-T) GOT8 TERMS OF SERVICE

 

  1. ACCEPTING THESE TERMS

  • KIYN Technologies Sdn Bhd is a company registered in Malaysia (Co No 1319685-
  1. T) whose principal place of business is at No A2-2-3A, Ayer@8, Jalan P8G, Presint 8, 62250 Putrajaya, Wilayah Persekutuan, Putrajaya Malaysia.
  • When you register for a GOT8 account (including when you register through a third party application or service) or otherwise access or use the GOT8 including for the purposes of posting of materials; you agreed acknowledge and accept these Users’ terms of
  • These terms of service constitute a legally binding agreement between the Users and KIYN Technologies Sdn Bhd (“we”, “us” or “Company” hereafter) in  relation to  our provision of the use of GOT8 platform to
  • For any help with using the GOT8 platform please see the GOT8 contact page for assistance in our If you have any further questions, complaints or comments about GOT8 , then please contact hello@got8.my in GOT8 contact page  for assistance.

2.       NATURE OF THE GOT8 SERVICE

  • The company only acts as an   The  Company makes available to  you an online platform (the “GOT8”) through which Advertisers may make available their Business Brands to users upon approval by the parties. You understand that the Company is acting as an intermediary only in respect of any advertising of Brands by Vendors to Users through the GOT8  platform. Any  detail  agreement  (transaction)  for the through GOT8 platform is between the relevant Advertiser and User.
  • While KIYN Technologies endeavours to provide the GOT8 platform for the mutual benefit of both Advertiser and User  and has drawn up rules with that as its aim, KIYN Technologies is  not  liable and  held responsible for, and,  to the maximum extent permitted by law, excludes liability for, the conduct of Users of the GOT8
  • You acknowledge that KIYN Technologies in its capacity as an operator of the GOT8 platform and an intermediary in any Communication carried out

between Advertiser and User through the GOT8 platform, KIYN Technologies has the discretion to cancel any listing posted by Advertiser, any request to submitted by a User , or any subscription, upon the provision of written notice to the parties involved, if it reasonably believes such listing, request does not comply with these Terms of Service.

  • Using the GOT8 platform as an Advertiser
  • As an Advertiser to advertise their brand, you acknowledge that you are entering into a separate contract with the User and that such contract with the User includes a promise by you to comply with these Terms of
  • You also acknowledge that the User is in no way acting under the control, or on behalf of KIYN Technologies , that your service offer to the User is solely with the User, and you agree not to make any claim or assertion that KIYN Technologies is in  any way liable or responsible  for  liability  suffered by  you in relation to any act or omission by the
  •  
  • Usage of GOT8 platform as a User / User
  • When you agree as a User to obtain information of an Advertiser, you acknowledge that you are entering into a separate contract with the Advertiser and that such contract with the Advertiser includes a promise by you to comply with the Terms of
  • You also acknowledge that the Advertiser is in no way acting under the control, or on behalf of KIYN Technologies , that your agreement obtain information of an Advertiser is solely with the Advertiser, and you  agree not  to make any claim or assertion that KIYN Technologies is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the

3.       CHANGES TO GOT8 PLATFORM TERMS OF SERVICE AND PRIVACY POLICY

 

  • KIYN Technologies Sdn Bhd reserves the right to alter and amend the Terms of Service at any time, including adding, removing or changing features (which may advantage or disadvantage you). KIYN Technologies will give you reasonable notice of any material changes to these Terms of
  • We may need to change, alter and amend these Terms of Service for legal or business reasons, and we will give you notice by posting such changes on the

information pages of the GOT8 Platform. If we intend to make any material changes, we will notify you of these changes by email with reasonable prior notice.

4.  USERS’ UNDERTAKINGS AND WARRANTIES

 

  • You would need to have an account in order to use some parts of the GOT8  When you create an Account, you represent, warrant and undertake that:
    1. If you are individual, you are at least 18 years of
    2. If you are representing a company, organisation or any other legal

entity (“Entity”), you have authority to bind the Entity to these Terms.

You are capable of entering into and performing legally binding contracts under applicable law and that all information which you provide is accurate, up to date, truthful and complete.

If you are under 18 years of age, you may only use the GOT8 platform with the consent of and under the supervision of your parent or legal guardian who shall be responsible or deemed to be fully responsible for all your activities.

You are responsible for all activities under your Account. You, therefore agree to :

  1. Keep your password secure; and
  2. Keep your account information up to date at all

Comply with these Terms of Service, prevailing policies, accepted ethical practice and all applicable laws with respect to your activities and the content which you upload to the GOT8 platform.

In relation to any material submitted to or posted to the GOT8 by you that you have the right to do so and have obtained all necessary licenses and or approvals.

  • As a condition of your use of the GOT8 platform, you agree that you will not:
    • post any threatening, abusive, defamatory, obscene, inappropriate or indecent material;
    • post or otherwise communicate any false or misleading material or message of any kind;
    • use the GOT8 platform to intentionally deceive other Users;
    • infringe the rights of any third-party;
    • disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the GOT8 platform;
    • distribute spam, chain letters, or promote pyramid schemes;
    • distribute any viruses or any other technologies that may harm the GOT8 platform or the interests or property of the
  • impose or contribute to imposing an unreasonable load  on  our infrastructure or interfere with the proper working of GOT8 platform;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot, spider, scraper or other automated means to access GOT8 platform and/or collect content for any purpose without our express written permission;
  • harvest or otherwise collect information  about  other  Users,  including email addresses, without their consent;
  • copy, modify or distribute rights or content from the GOT8 platform,

services, applications or tools or the Company’s copyrights and trademarks;

  • bypass security measures used to prevent or restrict access to the GOT8 platform; or
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third
  • You agree to compensate and defend KIYN Technologies Sdn Bhd against any claims or legal proceedings brought against the company by any other person as a result of your breach of these terms of
  • Your account is personal to you and may not be transferred to or  shared  with You are responsible for keeping your  account and  login  details secure and are responsible for  all activities that  are carried out under them. You should choose   a strong, unique password, which you do not disclose to anyone else or use with any other service. KIYN Technologies will not be  responsible for  any losses suffered by you in circumstances where your account is used by someone else.
  • Content posted on the GOT8 platform
    • You understand that you are solely responsible for any content that you post or otherwise submit to the GOT8 platform (“Your Content”). You represent  that you have all necessary rights to Your Content and that publication of Your Content through the GOT8 platform will not infringe the rights (including intellectual property rights) of any third party. You agree to compensate the Company for any losses that the Company suffers as a result of any breach by you of any of the promises made by you in these Terms of
  • You acknowledge that the Company does not monitor or moderate Your If the Company becomes aware that any of  Your  Content does  not, in our reasonable opinion, comply with the terms of service,  you  acknowledge that the Company may remove it, without liability. Although the Company has rules for the posting and uploading of Your Content, the  features of the GOT8 platform may be misused and sometimes Your Content can still be posted that is misleading or deceptive. You should not therefore rely on any other User’s content (“User Content”) being accurate or complete.

You accept that if you do rely on any User Content which has been posted or uploaded, you do so at your own risk.

  • Permission to use Advertiser’s Content
  • When the Advertisers post their Content, the Advertisers grant us and represent that they have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future and on all other sites, services, applications and In addition, the Advertisers waive their right to be identified as the author of the Advertisers’ Content, to the fullest extent permitted by law.
  • The Company’s use of third party information
  • We may at times use third party data suppliers to provide additional content (including descriptions, product specifications and other  content)  (“Third Party Material”) to supplement Your You may use such information solely in connection with Your Content during the time Your Content is displayed on the GOT8 platform (such permissions  for  use,  being  “Third  Party Permissions”). Third Party Material may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content of such Third Party Material (other than by including such Third Party Material in your listings). This permission is subject to modification or revocation at any time at our sole discretion, and  we shall post on the  Terms of Service, any such modifications or revocations in respect of any Third Party Permissions.
  • Your privacy is very important to us and we have provided GOT8  Privacy Policy, which can be found here to explain our privacy practices. Please review the GOT8 Privacy Policy to understand how the Company collects, uses and discloses information collected and received from you. By agreeing to these GOT8  Privacy Policy, you hereby agree that KIYN TECHNOLOGIES may collect, obtain, store and process your personal data that you provide in this form for the purpose of receiving updates, news, promotional and marketing mails or materials from the Company and their You hereby give your consent to KIYN Technologies Sdn Bhd and their subsidiaries to:-
  • Store and process your Personal Data;
  • Disclose your Personal Data to the relevant governmental authorities or third parties where required by law or for legal

In addition, your personal data may be transferred to any company within us which may involve sending your data to a location outside Malaysia. For the purpose of updating or correcting such data, you may at any time apply to the Company and their subsidiaries to have access to your personal data which are stored by the Company and their subsidiaries.

For the avoidance of doubt, Personal Data includes all data defined within the Personal Data Protection Act 2010 including all data you had disclosed to the Company and their subsidiaries.

  • Continuing obligations
  • You may not have the opportunity to review all of the Third Party Material before posting Your Content. We are not responsible for the accuracy of such Third Party If you notice inaccuracies in this Third Party Material after Your Content appears on the GOT8 platform please contact us.
  • Reporting abusive, threatening, or infringing content
  • If any of the content posted or submitted to the GOT8 platform by another User makes you feel threatened, or abused, or if you believe any such is offensive or otherwise breaches the Terms,  please  contact  KIYN Technologies Sdn Bhd through the contact number or email provided in the GOT8 website:
  • Rights of the Company to remove content from the GOT8 platform
  • Without limiting any other remedies, KIYN Technologies Sdn Bhd may, without notice or delay: (i) immediately remove (or instruct you to remove) content from the GOT8 platform; (ii) temporarily or indefinitely prevent you from adding further content to the GOT8 platform (iii) prohibit your access to the GOT8 platform or temporarily, if the Company reasonably believes that:
  • you have breached any of these Terms of Service;
  • you are acting inconsistently with the spirit of the GOT8 platform or our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing KIYN Technologies Sdn Bhd employees or other Users);
  • you have engaged in improper or fraudulent activity, or your actions may cause legal liability or financial loss to KIYN Technologies Sdn Bhd or Users of the GOT8 platform;
  • Details are listed against incorrect or inaccurate content;
  • you have been undertaking Fee Avoidance; or
  • it is required to do so by applicable law or to protect the interest of the other Users of the GOT8

5.  RIGHTS IN THE GOT8 PLATFORM

  • In consideration of you complying with the Terms  of  Service, KIYN  Technologies  Sdn Bhd grants you a revocable, non-transferable and non-exclusive permission to access and use the GOT8
  • You acknowledge that your use of the GOT8 platform grants you no rights in or to the GOT8 platform or any of the intellectual property rights (including any copyright, trade mark or patents) owned by the Company or  its licensors, other than  the right  to use the GOT8 platform in accordance with the terms of
  • You agree not to copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the GOT8 platform or the computer  codes of elements comprising the GOT8 platform other than for your own personal use. Subject to the above, you may download insubstantial excerpts of  this  content  to your hard disk for  the purpose of  viewing it provided that no more than  one copy of any information is

6.  CURRENCY AND FEES

  • All features made for GOT8 platform are free to use as for now but KIYN Technologies will Update any features that involves payment in this Terms of Service from time to
  • We may also choose to temporarily change our platform fee for promotional events or new services; these changes are effective when we announce the promotional event or new We shall give prior notice of these promotional events and new services by posting details on the GOT8 platform and will also send an email to the address registered to your account.

7.  OUR LIABILITY

  • Under no circumstances shall KIYN  Technologies  Sdn Bhd be liable or responsible for the acts or omissions of any third party who uses the GOT8 platform .KIYN Technologies is acting as an intermediary only in respect of any matches and communication concluded by parties introduced to each other through the GOT8 platform for the details of any listed on the GOT8
  • Without prejudice to section 7.1 above, KIYN Technologies Sdn Bhd is not responsible for:
    • losses not caused by our breach;
    • indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by at the time of entering into this agreement, (for example loss of profits or loss of opportunity);
    • User Content to the extent that such content is unlawful, threatening, abusive, defamatory, obscene or indecent or otherwise violates or infringes upon the rights of any other person, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; or
    • failure to provide KIYN Technologies Sdn Bhd or to meet any of our obligations under this agreement where such failure is due to Events Beyond Our

For the purposes of section “Events Beyond Our Control” means any cause beyond  our reasonable control which prevents us from providing the GOT8 platform or fulfilling any of our other obligations under this agreement and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

  • You acknowledge that we cannot guarantee continuous, error-free  or  secure  access to the GOT8 platform or that defects in the GOT8 platform will be While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of the GOT8 platform.
  • Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by

8.  TERMINATION OF USAGE OF GOT8 SERVICES.

  • You can simply choose to deactivate using of the GOT8 platform at any time. In addition, you may also contact us through the email provided in  GOT8  platform in the contact page and request that we delete your But the these are subjected to our discretion.
  • You acknowledge that your use of the GOT8 platform is subject to Company’s discretion and KIYN Technologies may, in the event of your breach of the terms of service at its sole discretion, withdraw your rights to use the GOT8 platform on the provision of email with immediate

9.  PERSONAL INFORMATION

  • By using the GOT8  platform, you agree to the collection, transfer, storage and use   of your personal information by us, as further described in our Privacy Policy. Among other things, you agree that we may use the personal information that you submit to us: (i) to verify your identity; (ii) for performing anti-money laundering checks; and

(iii) for conducting “know your User” (KYC) checks

  • You also agree to receive direct electronic messaging marketing communications from us unless you tell us that you prefer not receive such

10.  DISPUTES

 

  • Disputes between Advertiser and
  • If you have a dispute with one or more User(s), you release us (and our officers, directors, agents, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such
  • Notwithstanding section 13.1.1, if  an Advertiser and  User/User are unable  to resolve a dispute, we will use reasonable efforts to mediate in respect of such dispute and, without prejudice to its rights set out under these terms of service .KIYN Technologies Sdn Bhd will also charge a fee of 30% of  the amount charged on top of any monies collected in order to cover  the  service of acting as a
  • Disputes between you and KIYN Technologies Sdn Bhd
  • If the unlikely event of a dispute arises between you and the Company, we strongly encourage you to first contact us directly to seek a  resolution  by going to the GOT8 Contact page. We will consider reasonable requests to resolve the  dispute through alternative dispute resolution procedures, such  as mediation or arbitration, as alternatives to

11.  GENERAL

  • You acknowledge that the Company may transfer its rights under the terms of service (and any related claims) to any third party without having to obtain your prior consent.
  • If you breach the terms of service and KIYN Technologies takes no action against you, we reserves its rights to take action against you at a later
  • The terms of service constitute all terms agreed upon between you and us and supersede any prior agreements in relation to  the  GOT8  You represent  that you have not accepted the terms of service in reliance on any oral or written representations made by us that are not contained in the terms of service.
  • You acknowledge that your right to access and use the GOT8 platform is also subject to applicable
  • If any part of the terms of service are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to
  • Except for notices relating to illegal or infringing content, your notices to  us  must  be sent by registered mail to No A2-2-3A, Ayer@8, Jalan P8G, Presint 8, 62250 Putrajaya, Wilayah Persekutuan, Putrajaya, Malaysia. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of   Notices  sent  by email will be deemed received the following working day after they were sent.
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