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1. |
Applicability and Eligibility |
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1.1 |
Your usage of the Platform, any of the Services, any purchase made and/or any other transactions that may be performed or conducted through the Platform are each subject to these Terms and Conditions. |
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1.2 |
To use the Platform, the Services and/or to make any purchase, you must be eighteen (18) years of age or over. |
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1.3 |
You shall not misuse the Platform. By using and accessing the Platform, you shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Platform, the Services (or any part of them) and/or from making any purchase in the event of any of the above was conducted by you. |
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1.4 |
Your agreement to use the Services, the Platform and/or conducting any purchase does not include the provision of a compatible smartphone or any other necessary equipment by us to you in achieving any of the said purposes. To use the Platform, the Services and/or to make a purchase, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same. |
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2. |
Registration of Agent Account |
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2.1 |
You can register for a new account and access the Platform by performing self-registration via the login page and attach your NRIC together for verification purposes. Upon completion of your information, the Admin shall perform a verification on your identity. Upon successful verification of identity, you are authorized to access the Platform and conduct Agent’s activities. |
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2.2 |
The Agent’s activities as authorized by Halo Go on the Platform shall include but not be limited to, buying the Products to be kept as stocks for the purposes of this Terms and Conditions, managing the Company Admins’ order, payment and delivery of the Products, managing the Product’s inventories and managing other stocks. |
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2.3 |
You are also responsible to register new Company Admin’s account, whenever necessary, by collecting the data from the prospective Company Admin as follows: |
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a) |
Company Admin’s name, contact email and contact number; |
b) |
Company’s SSM Certificate; |
c) |
Company’s Director and/or business owner’s NRIC; |
d) |
Company’s business address; and |
e) |
Company’s business premise visitation proof. |
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2.4 |
You agree to provide, maintain, update and/or register true, accurate, and complete information about yourself, your business and/or the Company Admin as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information. |
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2.5 |
When you create an account, you represent and warrant that: |
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a) |
you have the authority to bind the company, organization or any other legal entity (“Entity”) to these Terms and Conditions, and that the Entity is duly incorporated; |
b) |
the Entity and/or the company is and will be legally, financially and morally responsible for all activities that occur under your account; and |
c) |
all information provided by you are accurate, up to date, truthful and complete and that you will promptly inform us of any changes to such information by updating your account. |
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2.6 |
Your account must be registered with a valid business email address, so that, among other things, administration emails can be sent to you. We may require you to validate your account during the registration of the account. Upon successful registration, Users would have given Halo Go their consent to receive marketing offers and notification from time to time. |
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2.7 |
You agree not to share your account credentials or give others access to your account. In the event we detect that your account is being shared by multiple users, we may treat this as a security breach and suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of your password and your account. You are entirely responsible for all the actions or activities made by you or anyone that uses your account. You agree to safeguard your password from access by others. |
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2.8 |
It is the sole responsibility of the Users to keep their login credentials confidential. Halo Go will not be held responsible for any loss incurred due to Users’ negligence and/or occurrence of unethical hacking and likewise. If you believe that your account has been compromised, you must immediately contact us via email at: [email protected]. |
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2.9 |
You agree to indemnify and hold harmless Halo Go for losses incurred by Halo Go or another party due to any third party using your account as a result of your failure to use reasonable precautions to safeguard your password and account. |
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2.10 |
You must ensure that all the SIM cards in your stock does not expire throughout the agreement period. |
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2.11 |
Halo Go reserves the right to terminate your account without notice if you are found to be attempting to register multiple accounts towards your personal interest without a valid reasoning, or using proxy Internet Protocol (IP) addresses in order to attempt to hide the use of multiple registration accounts or disrupts the Platform or the Services in any way. |
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3. |
Fees and Charges, Payment Terms, Interest, Incentives and Taxes |
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3.1 |
All payments under this Terms and Conditions shall be made payable in Ringgit Malaysia (RM) only. |
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3.2 |
You shall pay Halo Go all fees, charges and any other sum due or payable under and at the times to Halo Go with respect to any Products and Services. |
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3.3 |
Unless otherwise stated, all prices are accurate at the time of entering the information onto the Platform. The total cost of your order is the price of the Products and/or Services ordered inclusive delivery charges. |
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3.4 |
Unless otherwise stated, all payments made are strictly not refundable nor exchangeable in any kind, regardless whether the Product and Services being paid have been successfully delivered. |
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3.5 |
You confirm that the bank account, credit and/or debit card that is being used for the payment belongs to your company. In the event that you use a third party’s credit or debit card, kindly ensure the payment made by you to Halo Go is genuine. All credit/debit cardholders may be subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, Halo Go will not be liable for any delay or non-delivery, and shall not be liable to reimburse, compensate or indemnify any party for fraudulent and deceitful act. |
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3.6 |
Halo Go shall exercise its discretionary right to reject any transactions if there is any suspicious or fraudulent attempt made by any party. Halo Go may decline to accept such orders for any reasons, including but not limited to, failure of your company to meet credit check, unavailability of the Products or Services, and products or pricing errors. |
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3.7 |
In the event that you notices any errors in the invoice of the Products and Services provided by Halo Go, you shall submit the dispute or claim to us within seven (7) days of the date of the receipt of invoice with the particulars and supporting documentations for such dispute or claim, failing which such dispute or claims shall not be entertained. |
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3.8 |
Despite our best efforts, occasionally the Platform may experience system errors (“Errors”) which includes but not be limited to: |
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incorrectly priced Products; |
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miscalculation of any payment, charges, fees, interest, taxes or prices; and |
c) |
miscalculation or errors in any rewards and amount of rewards or incentives credited in the User and/or Subscriber’s account. |
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3.9 |
In the event that any of these Errors occur, Halo Go has the sole discretion to determine, amend, vary, revoke and/or revise the Errors. Halo Go reserves the right to request from you, within a reasonable time, to reimburse to Halo Go any amount of monies which was incorrectly paid by Halo Go to you due to the Error. If the transaction was conducted in the form of credit in your account, Halo Go has the right to deduct your credit balance to remedy the Error upon a written notice to you on such deduction. In the event that the credit balance in your account is insufficient for the deduction, Halo Go shall deduct the credit from your account in the corresponding month’s credit balance, or reject any use or withdrawal of your credit in the corresponding months until the total amount of credit due has been reimbursed. |
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4. |
Sale & Delivery of Product |
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4.1 |
You hereby agree to buy and keep a number of stocks of the Products in your possession by purchasing the Products on the Platform to ensure the Subscriber’s needs are catered at all times. |
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4.2 |
You agree that the Products and Services made available and sold in the Platform may have an expiry date. Halo Go endeavor to adhere to a minimum of six (6) months period to expiration at the time of sale of the Products. In the event that the Products are not utilized and/or consumed upon expiration, whether or not the Products are delivered to you, you shall fully indemnify Halo Go for the losses caused as a result and acknowledge that it is strictly a no exchange and no refund sale policy. |
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4.3 |
In the event that you found any of the SIM cards having manufacturer fault, you are required to reserve your SIM card stocks to replace the faulty SIM card and report the SIM serial number to our support team. Subsequently, you may request for a SIM card replacement by contacting the support team at [email protected]. |
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4.4 |
In the event that Halo Go conducts a recall and/or compensation exercise, Halo Go endeavor to publish a notice for the exercise and all returns must be completed within the stipulated time in the published notice. |
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4.5 |
All fees and charges for delivery postage via registered post, runner’s service or its equivalent are to be paid for by you. |
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4.6 |
All orders placed via the Platform, whether fully delivered or not, will expire after forty-five (45) days upon placement of order. You must ensure that you have received and activated your Products and Services before the expiry date. |
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4.7 |
The method of delivery must be chosen during placement of order. For self-collection from the Authorised Partner, the Products MUST be personally collected by you before the expiry date of the order. Third party collection is strictly NOT allowed. |
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4.8 |
For registered postage delivery purposes, it is of utmost importance that you provide accurate information of your company and a valid Malaysia address. Halo Go and/or its Authorised Partners will not entertain any change to the delivery address once the order is made. All delivery via postage will be using registered post. |
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4.9 |
Products not delivered after one (1) failed delivery attempt will be returned to the designated courier office. You must re-arrange for self-collection at the courier office notified after the one (1) failed delivery attempt. In the event that the Products are not delivered and/or collected from the courier office, you are obligated to pay additional charges (if any) to do a replacement. |
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4.10 |
Halo Go and/or its Authorised Partners endeavour to adhere to the following in respect of the delivery of the Products to you:- |
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any Products successfully purchased via the Platform will be prepared for delivery within five (5) to ten (10) working days as stated below; |
b) |
in rare instances, delivery may be delayed in the event of service interruptions or failures beyond Halo Go's control. In such circumstances, you agree that Halo Go will not be responsible and/or liable for any of your losses and/or damages, if any, as a result of such delay; and |
c) |
Halo Go reserves the right to change and/or discontinue any delivery options at its sole and absolute discretion. |
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4.11 |
Unless otherwise stated, the estimated delivery time of the Products to you shall be as follows: |
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a) |
Peninsular Malaysia - within three (3) working days after posting day; and |
b) |
Sabah, Sarawak and Labuan – within five (5) working days after posting day. |
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4.12 |
The delivery of the Products is on a best-effort basis and may be deferred, assigned or re-assigned at Halo Go's discretion without prior notice. The delivery time and day as per clause 4.11 above only acts as an estimation. There are certain circumstances where your order may be delayed including but not limited to:- |
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orders placed during the weekend or on a public holiday will require at least one (1) extra working day for delivery; |
b) |
any unexpected shortage of stocks. In the event of the Products are low in stock, Halo Go shall notify you of such event accordingly and provide the Products at the earliest date possible once the Products become available for delivery to you; and/or |
c) |
Force Majeure event. |
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4.13 |
In the event of a Force Majeure event, Halo Go shall notify you in writing of the nature and extent of the Force Majeure. Halo Go shall not be deemed to be in breach or otherwise be liable to you or any third party for any delay in the delivery of the Products herein under to the extent that the delay of the delivery is due to a Force Majeure of which Halo Go has notified you. In such circumstances, the time for the delivery of the Products shall be extended accordingly as appropriate. |
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4.14 |
In the event the Products are not delivered to you, including situations where you cannot be located or if you are not contactable (by means as provided herein) or that the information disclosed by you is inaccurate, you agree that there shall be no refund for the Products once payment is successfully made. You agree that Halo Go shall not in any way be responsible or accountable in these circumstances. |
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4.15 |
You agree to be accountable for any risks of the Products, if any, from the time of delivery of the Products. Upon delivery of the Products to you, you are required to produce your NRIC, passport or any other identification document for verification of identity purposes by Halo Go’s delivery agent. Upon receipt of the Products, you shall carry out an inspection to verify that the Products are complete with the necessary accessories and are capable of its basic functionalities without any cosmetic defects. In the event that you notice any defects or have any complaints about the Products, you shall reject the Products immediately. You are required to notify Halo Go of any defects or complaints in writing accompanied by image proofs of the rejected Products within three (3) days, failing which no further claims can be made nor will be entertained by Halo Go. Once you have confirmed and accepted the Products, Halo Go shall not in any way be accountable or responsible for any defects. |
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4.16 |
Halo Go shall have the discretion and right to conduct relevant inspections or phone calls to any party at any time for verification purposes. In the event Halo Go is unable to perform the verification (without fault on Halo Go's side) or the verification is unsuccessful in establishing the relevant party's identity, Halo Go reserves the right to cancel and/or withhold the delivery of the Product. |
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4.17 |
Halo Go may ask for additional Personal Data, if necessary, for the purposes of verification of your identity or fraud prevention purposes. |
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4.18 |
In the event that the Products are available in your stocks, you hereby agree to deliver the Products to the Company Admin. |
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5. |
Compliance & Fines |
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5.1 |
You hereby undertake that you are authorised to provide your business information for purchasing of the Products for the purposes set out in this Terms and Conditions. |
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5.2 |
You undertake to conduct the registration of all the Company’s SIM cards on behalf of the Company Admin by using the information as provided by the Company Admin. |
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5.3 |
You take full responsibility to strictly comply with the prepaid registration guidelines and regulations which are ruled out by the Malaysian Communications and Multimedia Commission (“MCMC or “SKMM”) from time-to-time specifically in following and submitting true and precise information of the Company and the Subscribers as provided by the Company Admin. |
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5.4 |
You agree that Halo Go and the Platform have provided sufficient information and strongly urged you to comply with the said guidelines and regulations and you are well informed as you access and use the Services provided in the Platform. |
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5.5 |
In the event that MCMC conducts audit on your prepaid SIM registrations and you are proven to have done a registration against the MCMC’s guidelines and regulations by manipulating the personal information of the Company and/or the Subscribers as provided by the Company Admin to you, you agree to fully indemnify Halo Go for your actions and you bear full responsibilities for all fines and/or legal actions taken by MCMC towards Halo Go as a result of your misconducts as a prepaid SIM dealer. |
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5.6 |
In such event, Halo Go reserves the absolute right to lodge a police report and/or terminate your account and/or provide your information to the governing bodies in accordance to our Privacy Policy. |
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6. |
Credit, Incentives and Rewards (Where Applicable) |
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6.1 |
Halo Go may conduct marketing and rewards program for the Users from time to time which shall entitle you to obtain incentives and/or rewards if you fulfil the requirements of the specific program. The marketing and rewards program shall include but not be limited to incentives, rewards for lucky draws, contests, promotions and campaigns. The details and requirements of the programs shall be governed by the terms and conditions of such program. |
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6.2 |
Should the incentives and/or rewards are granted in the form of credit, the incentives and/or rewards amount will be granted to your account. You must ensure that your account is active during the time of granting of credit to avoid failure of credit granting. The credit can be withdrawn to a local bank as cash and/or be used as a form of payment method within the Platform for purchases of Products and/or Services. The credit used for purchases strictly cannot be refunded or be exchanged with cash or its equivalent. |
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6.3 |
You agree that you have acknowledged all incentives and/or rewards credit within your account will expire in 365 days from the date of the credit granted, of which if the credits are not used nor withdrawn as cash upon its expiry date will be forfeited and you fully indemnify Halo Go from any losses caused. |
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6.4 |
Should the reward is in physical form, you can arrange for self-collection at Halo Go or its Authorised Partners. For delivery of rewards, delivery charges may be applied to you. |
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6.5 |
You hereby acknowledge that the Company’s bank account information that you have provided is an active and valid bank account with a Malaysia local bank for the purpose of credit withdrawal and you agree to update and maintain accurate banking information for the withdrawal purpose. You further agree to grant absolute permission to Halo Go to conduct bank information verification on the bank account information provided. Halo Go reserves the final right to reject a withdrawal without notice should the bank account identity verification is failed. You agree that the banking information provided for the purpose of credit withdrawal belongs to the Company. In the event that the bank account information provided is inaccurate, not a valid account, not an active account or belongs to a third-party, verification will be conducted within thirty (30) days and you agree to fully indemnify Halo Go from any losses that may occur to you as a result. Halo Go reserves the right to request verification documents from you to proceed with a withdrawal request and you agree to provide the information requested within five (5) working days, failing which will affect your withdrawal request to be cancelled. |
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7. |
Violation of Terms |
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7.1 |
You agree that if you are found to be involved in activities violating the guidelines and instructions provided by Halo Go with regards to the use of the Products, Services and the Platform, Halo Go has the right to suspend and/or terminate your account in the Platform and use of the Product without prior notice. Halo Go reserves the right to take legal actions pursuant to the said conduct and/or forthwith terminate this Agreement in the event that you are found to conduct any acts which are prejudicial to the interests of Halo Go. |
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7.2 |
The activities aforementioned in clause 7.1 above are including but not limited to the events below where you are: |
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submitting or suspected to have submitted false personal information of your business and/or yourself; |
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not abiding to this Terms and Conditions; |
c) |
not abiding to the terms & conditions of the Products and Services; |
d) |
not abiding to the Privacy Policy of Halo Go Corporate; and/or |
e) |
involved in acts of immorality and/or defamation to the Halo Go’s brand, Products, Services, the Platform and/or to any stakeholders and employees of Halo Go. |
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7.3 |
Pursuant to clause 7.1 above, where applicable, all services in your account will be disabled until you are proven otherwise. |
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8. |
Content and Related User Conduct |
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8.1 |
You acknowledge that you shall have no rights to alter, replicate, reproduce, reassign, distribute or store any of the contents in the Platform or the Products without prior written approval from Halo Go. |
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8.2 |
Further, you agree to use the Platform, Products and Services only for lawful purposes, and not to make use of for any of the commercial uses unless you acquire prior written approval from Halo Go. You shall not use the Platform, Products and Services for any unlawful, fraudulent, criminal or otherwise illegal activities, or activities that will invade another's privacy, cause irritation, annoyance, inconvenience or unnecessary concern to any person. |
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8.3 |
You understand that you are responsible for any content that you post or transmit on or through the Platform. |
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8.4 |
You agree to use the Platform in a manner consistent with all applicable laws and regulations. |
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8.5 |
Specifically, you will not use the Platform, and/or in the name of the Platform to post, transmit, distribute, link to, or solicit content that: |
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contains any region, race, religion, or political party related materials; |
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violates or infringes any laws, regulatory requirements or codes; |
c) |
infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right; |
d) |
contains any obscene, offensive, defamatory or otherwise actionable material; |
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undermines the security or integrity of the Platform, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices/items intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks; |
f) |
contains any errors, whether technical or otherwise; or |
g) |
contains any material in any form that would otherwise render Halo Go liable or expose Halo Go to any proceedings whatsoever. |
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8.6 |
You may not use any automatic or manual device/item or process to monitor or copy the Platform or any portion of the content contained herein without Halo Go's express written permission. |
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8.7 |
You may not use any device/item, software or routine to interfere or attempt to interfere with the proper working of the Platform, or to impose an unreasonable or disproportionately large load on the servers serving the Platform. |
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8.8 |
Halo Go shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via the Platform. Without limiting the foregoing, Halo Go shall have the right to remove any content that violates these Terms and Conditions or is otherwise objectionable. |
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9. |
Information Submitted to Halo Go |
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9.1 |
Except for any personal and individually identifying information which we have agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the Platform via email or otherwise, will be treated as being non-confidential and nonproprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the information that you sent to us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information. |
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10. |
Links/ Hyperlinks by Third Parties and Hyperlinks to Third Party Website |
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10.1 |
The Platform may contain links and/or hyperlinks to third parties’ website which are neither owned nor controlled by Halo Go. Halo Go has no control over and shall not be responsible for any of the content, privacy policies, or security practices of the third party website, and shall not be liable for any loss or damage of any kind incurred in connection with the third party website. Additionally, Halo Go is not responsible to investigate, remove, monitor, censor or revise the content of any third party website. |
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10.2 |
You hereby acknowledge that by using and/or accessing the Platform, you expressly relieve Halo Go from any and/or all liabilities arising from your use of any third party website. Consequently, Halo Go strongly encourages you to be conscious by reading the Terms & Conditions and privacy policy before you leave Halo Go and visit the third party website, otherwise bear in mind you do so at your own risk. |
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11. |
Hyperlinks from Third Party Website |
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11.1 |
You agree that caching, hyperlinking to, and framing of the Platform or any of the contents are strictly prohibited. Halo Go reserves all rights to disable any links to, or frames of any Platform containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights. |
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12. |
Indemnity |
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12.1 |
You agree to fully indemnify, defend and hold harmless Halo Go, its directors, officers, employees, suppliers, licensors, agents, and any third party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of the Platform, your access or connection to the Platform, your violation of these Terms, or your violation of any rights of another. Halo Go reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Halo Go in asserting any available defenses. |
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12.2 |
Further, you shall indemnify and save harmless Halo Go against and from all claims, proceedings, damages, costs and expenses which may be brought against Halo Go or to which Halo Go may be subjected to by reason of you infringing or being held to have infringed any intellectual property rights. |
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12.3 |
Halo Go shall not be liable in any way to you whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any loss, damage or liability incurred or sustained by you caused by or as a result of: |
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a) |
any failure, delay, interruption to or disruption of the Platform in the transmission or reception of any data through the Platform, howsoever caused or arising; |
b) |
any loss, corruption or deletion of any data or information transmitted to or stored in any system or equipment, howsoever caused or arising; |
c) |
a Force Majeure event; |
d) |
the disclosure and/or publication by Halo Go of any permissible information or data relating to you, howsoever caused or arising; |
e) |
the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data relating to you through the use of the Platform; and/or |
f) |
any unavoidable error, omission or inaccuracy in any information provided by Halo Go whether to you or any person and whether in any publication or as part of or in connection with the Platform or otherwise. |
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13. |
Disclaimer of Warranties |
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13.1 |
You acknowledge and agree that the Services are provided on an “as is”, “as available” and “best effort” basis, and that your use of or reliance upon the Services and any content, Products or Services accessed or obtained thereby is at your sole risk and discretion. |
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13.2 |
Halo Go undertakes to provide and ensure that the Services of the Platform be performed on “best effort” basis, however, failing which Halo Go shall not be held liable by any party. The Services provided by Halo Go pursuant to this clause includes: |
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a) |
ensuring that the use of the Services shall be secure, timely, uninterrupted or error free or that the Services will be compatible or operate in combination with any other hardware, software, system or data; |
b) |
ensuring errors or defects in the Services will be corrected; and/or |
c) |
ensuring that the Services and our server(s) are free of viruses or other harmful components. |
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13.3 |
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including without limitation to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law by Halo Go. |
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13.4 |
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). Halo Go is not responsible for any delays, delivery failures, damages, or losses resulting from such problems. |
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13.5 |
No advice or information, whether oral or written, obtained by you from us or from the Services shall create any representation, warranty or guarantee. |
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13.6 |
Halo Go disclaims any and all liability or responsibility in relation to the Services made available through the Platform, including but not limited to the third party’s content and services. Halo Go is not responsible or liable in any manner for any third party’s content and services associated with or utilised in connection with the Services, including the failure of such third party’s content and services provided by our merchants. |
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13.7 |
Halo Go shall have the right at any time, without prior notice, to change, modify, correct, add to, discontinue, and/or retire any aspect or feature of the Platform, Products and/or the Services, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services (or any part thereof) on any particular device or communications service. Halo Go is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of your own use of the Platform and/or the Services. |
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14. |
Limitation of Liability |
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14.1 |
You expressly understand and agree that: |
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a) |
Halo Go provides the usage of the Platform on an "as is", "as available" and “best efforts” basis; |
b) |
Halo Go makes no warranties of any kind, whether express, implied, statutory or otherwise with respect to the information collected for or provided to you under this agreement or the Platform; |
c) |
Halo Go does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Platform or other contents accessible from the Platform; |
d) |
to the full extent permissible by applicable law, Halo Go disclaims all warranties, express, implied, statutory or otherwise, regarding or relating to the use of the Platform; |
e) |
to the full extent permissible by applicable law, Halo Go specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or error-free or uninterrupted usage of the Platform; and |
f) |
in no event shall Halo Go be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, Goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the Platform, delays, inaccuracies or errors in the information or in the transmission of the Platform, or any information or transactions provided on or over the Platform or downloaded or hyperlinked from the Platform, or performance of the contents on this Platform, even if Halo Go has been advised of the possibility of such damages. |
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14.2 |
In the event you purchase any Products from the Platform, Halo Go shall transfer to you such manufacturer's warranties as may be capable of transfer to you. You agree that this shall constitute your sole and exclusive remedy and Halo Go's sole and exclusive liability in respect of any defects, faults or failure in or of such equipment. All implied or statutory warranties and all other warranties implied by law as to merchantability, quality or fitness for a particular purpose, or otherwise arising from course of dealing or usage of trade or any other express or implied warranties or representations are excluded. |
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14.3 |
Neither Halo Go, nor any affiliate, officer, director, employee, attorney, or agent of Halo Go shall have any obligation or responsibility with respect to, and you on behalf of the Company hereby agree to waive, release, and agree not to sue any of us upon, any claim for any special, indirect, incidental, or consequential damages suffered or incurred by you in connection with, arising out of, and/or in any way related to, these Terms & Conditions or any of the transactions contemplated herein. |
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14.4 |
Further, you on behalf of your company hereby expressly waive, release, and agree not to sue Halo Go or any affiliates, officers, directors, employees, attorneys, or agents for punitive damages in respect of any claim in connection with, arising out of, or in any way related to, these Terms & Conditions or any of the transactions contemplated herein. |
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15. |
Intellectual Property Rights |
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15.1 |
The content (including but not limited to, information, communications, software, images and sounds contained on or available through the Platform) is provided by Halo Go, its content providers and third parties licensors. The intellectual property rights to or over the contents contained in each Platform shall vest in and solely belong to Halo Go, its content providers and/or third parties licensors. All rights are reserved. The contents of the Platform cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of Halo Go. You agree that the material and content contained within or provided by the Platform is only for your use with relation to your arrangement and agreement with Halo Go and may not be distributed commercially to any other third party. |
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15.2 |
Your access to or use of the Platform should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Platform without Halo Go's prior written consent. You shall not use any of such trademarks, tradenames, logos or service marks in any manner without Halo Go's prior written consent. |
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15.3 |
In the event of any infringement of such intellectual property rights by you pursuant to Clause 15, you shall indemnify Halo Go from and against all claims, proceedings, damages, costs and expense which may be brought against Halo Go. |
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15.4 |
All software used on this Platform is the property of Halo Go or its software licensors and is protected by the relevant copyright laws. You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Platform or create derivative works based on the Platform. For purposes of this Terms and Conditions, "reverse engineering" shall include the examination or analysis of the Platform to determine the source code, structure, organization, internal design, algorithms or encryption devices/items of the Platform's underlying technology. You agree not to circumvent any technology used by Halo Go or its licensors to protect content accessible via the Service. |
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16. |
Availability |
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16.1 |
Halo Go may change, suspend, or terminate all or any part of usage of the Platform, the access or availability of the Product website/link, at any time, with or without reason and without prior notice. |
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16.2 |
You acknowledge that the operation of Halo Go may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors. Halo Go shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Platform or the specific Product website/link. |
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16.3 |
Pursuant to clause 16.1, causes for such termination shall include, but not be limited to the following events: |
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a) |
requests by law enforcement or other Government agencies; |
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discontinuance of any or all part of the Platform as decided by Halo Go; |
c) |
unexpected technical or security issues or interruption, disruption or congestion problems of the Platform; |
d) |
you have engaged in fraudulent or illegal activities; |
e) |
your access or use in connection with, or for the purposes of any activities on the Platform, which would or may cause any irritation, annoyance, embarrassment, harassment, disturbance or nuisance of any kind whatsoever to or otherwise be prejudicial to the interests of Halo Go or any person; |
f) |
you have breached of any of the Terms and Conditions herein; and/or |
g) |
you have perpetrated a fraud on the Platform or has conducted yourself in a manner which may result in perpetrating (or which, in the opinion of Halo Go, constitutes and attempt to perpetrate) a fraud on Halo Go or the Platform. |
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16.4 |
You agree to fully indemnify Halo Go and its stakeholders from any losses arise as a result of unavailability of access to the Services. |
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17. |
Governing Law and Jurisdiction |
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17.1 |
Any agreements created between you and Halo Go via this Platform will be deemed to have been made in Malaysia only and shall be governed and construed according to the laws of Malaysia. Any disputes or proceedings shall be subject to the exclusive jurisdiction of the Courts of Malaysia. |
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17.2 |
Halo Go's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. |
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17.3 |
If any part of these Terms and Conditions are held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. |
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17.4 |
Any part of these Terms and Conditions that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of the these Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law. |
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17.5 |
These Terms are for the benefit of Halo Go and its directors, officers, employees, suppliers, licensors, agents, and any third party content providers to the Platform. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. |
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18. |
Severability |
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18.1 |
If any of these Terms & Conditions is held to be illegal or invalid under present of future laws or regulations effective and applicable during the term of this Platform, such Terms & Conditions shall be fully severable and shall be construed as if such illegal or invalid Terms & Conditions had never comprised as part of the Platform and the remaining Terms & Conditions in the Platform shall remain in full force and effect and shall not be affected by the illegal or invalid Terms & Conditions or by its severance from the Platform. |
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19. |
Terms & Conditions applicable to Third Party Products & Services |
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19.1 |
All third party products and services (“Third Party Services”) are deemed provided to you solely and independently by manufacturer or vendor (“Vendor”) and all queries, technical support requests, complaints and/or other issues arising out of or in relation to the Third Party Services shall be forwarded to the Vendor or its Call Centre. The Third Party Services are provided on an "AS IS" basis. Halo Go, and their respective related and/or affiliated companies, disclaim and exclude all warranties (relating to the content, information, services relating to or in connection with the Third Party Services and/or as provided by the Vendor including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy) and all liability to you or anyone else (for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with your application, the Third Party Services and/or the Vendor). |
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20. |
Unidentified Third Party Products and Services |
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20.1 |
You acknowledge and agree that Halo Go is not responsible for the availability of any unidentified third party products and services or what you access through the Platform. Halo Go shall not be held responsible or liable for any content, advertising, products or services available from such unidentified third parties. Any dealings between you and any unidentified third party advertisers or merchants found on or via the Platform, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, Halo Go is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings. |
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20.2 |
Halo Go accepts no liability or responsibility for any of the unidentified third party bookings, products and services provided by such third party suppliers. |
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21. |
Your personal information |
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21.1 |
You should only provide Halo Go with accurate and complete information of your company and yourself. Please read Halo Go Corporate’s Privacy Policy for information on why and how we use the relevant personal information, and details on your rights in relation to such information. |
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22. |
General |
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22.1 |
The primary responsibility for the observance of the Terms & Conditions and Privacy Policy shall rest with each User. You agree to indemnify and relieve Halo Go and its related parties including but not limited to its directors, officers, employees, suppliers, licensors, agents, and any third party providers from and against all claims, proceedings, damages, costs and expense which may be brought against them as a result of your breach in any of the Terms & Conditions. Halo Go and its related parties reserves the right to warn and exercise legal actions for any losses and damages caused by you. |
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23. |
Contact Us |
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23.1 |
If you have any questions about these Terms and Conditions, please contact us via email at [email protected]. |
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