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Terms and Conditions

  1. INTRODUCTION

1.1 Welcome to the BizKash platform (the “Site”). Please read the following Terms of Service carefully before using this Site or opening a BizKash account (“Account”) so that you are aware of your legal rights and obligations with respect to REVOTEK SDN BHD (1454415-V), and its affiliates and subsidiaries (individually and collectively, “BizKash”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by BizKash client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by BizKash.

1.2 The following terms & conditions apply to all visitors to or users of this Apps. By accessing this Apps, user acknowledges acceptance of these terms and conditions. BizKash (“BizKash”) reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, BizKash reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to BizKash Apps, both now and in the future.

1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 BizKash reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. BizKash may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. BizKash may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5 BizKash reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

1.6 By using BizKash services or opening an account, you give your irrevocable acceptance of and consent to the terms of this agreement, including those additional terms and conditions and policies referenced herein and/or linked hereto.

1.7 If you do not agree to these terms, please do not use our services or access the site. if you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (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 the terms of this agreement. if you do not know whether you have reached the legal age, or do not understand this section, please do not create an account until you have asked your parent or legal guardian for help. if you are the parent or legal guardian of a minor who is creating an account, you must accept the terms of this agreement on the minor’s behalf and you will be responsible for all use of the account or company services using such account, whether such account is currently open or created later.

 

  1. Limited License.

2.1 BizKash hereby authorizes you to copy materials published by BizKash on this Apps solely for non-commercial use within your organization (or if you are a BizKash Partner, your customer’s organization) in support of BizKash services. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials, which you make, shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, or otherwise any license or right under any patent, trademark or copyright of BizKash or any third party.

2.2 All contents on this site are protected by copyright. except as specifically permitted herein, no portion of the information on this apps may be reproduced in any form, or by any means, without prior written permission from BizKash. visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes.

 

  1. Your Responsibility

4.1 You Shall:-

i) ensure that you shall use your Account and BizKash eWallet for its intended use only primarily for payment, investment, and to obtain goods and services. For the avoidance of doubt, the BizKash eWallet is provided to you by BizKash at its sole and absolute discretion to enable you to perform the Transactions and shall not be used outside its intended use;

ii) ensure that you shall download or have downloaded the Mobile Application from either the Google Play Store, the Apple App Store, or Huawei AppGallery. You shall not download the Mobile Application from any other sources. You shall be fully responsible for any losses or damages you may suffer in anyway whatsoever should you breach the terms of this clause;

iii) ensure that you do not use the Mobile Application on any illegally modified devices such as jailbroken devices, rooted devices or any device that has been altered in any way whatsoever. In the event you may utilize such a device, BizKash shall not be liable in anyway whatsoever for any and all losses or damages which you may suffer including but not limited to any financial and/or information loss;

iv) ensure the compatibility of your Mobile Device with the Mobile Payment System. In the event that any changes or upgrades are introduced to the Mobile Payment System, you shall ensure the continued compatibility of your Mobile Device and be responsible for all equipment and Mobile Applications necessary to use the Service. You shall be fully responsible for integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service or broadcasted by you or any other persons using your Mobile Device;

v) use the Service in good faith and comply with the Terms and Conditions and all applicable laws of Malaysia relating to the Service, (including but not limited to Bank Negara Malaysia (BNM)’s Rules and Regulations/Guidelines, Communication and Multimedia Act 1998, the Financial Services Act 2013, Unclaimed Money’s Act 1965, AMLATFPUAA), and all subsidiary legislations, rules and regulations, notices, instructions or directives issued thereunder by the government, relevant authorities and regulatory agencies, and/or any notices, instructions, directives or guidelines given by BizKash in connection with the Service which may be amended from time to time; and

vi) take all reasonable steps to prevent the fraudulent, improper or illegal use of the Account and/or Service and theft or loss of your Mobile Device and immediately notify the CSA upon the discovery of such fraud, improper or illegal use, theft, loss, or any other occurrence of unlawful acts. You shall, if instructed by BizKash, lodge a police report on the same and give BizKash a certified true copy of such report.

4.2 You Shall Not:-

i) use the Service for any purpose which is against public interest, public order or national harmony or for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or transmitting any content which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character or in any other manner which may result in complaints, claims, disputes, penalties or liabilities to BizKash; and

(ii) hack into, access, tamper, breach or circumvent any authentication or security of any host, network or account of BizKash or its provider’s computer systems or interfere with service to any user, host or network, including, without limitation, sending a virus.

4.3 You acknowledge that the Service is, and shall remain, at all times, the property of BizKash and you shall:-

(i) exercise all due care and diligence in the use and maintenance of the Account and Service; and

(ii) not tamper or allow anyone to tamper with the Mobile Device, the Account and/or the Service (including, but not limited to, the software and the data recorded in the Mobile Payment) in any way. Tampering with the data on Mobile Payment may be a criminal offence and BizKash will not honour any Transaction and benefits, if your Account and/or Mobile Payment has been tampered with. BizKash shall have the right to recover all reasonable cost, expenses, losses and damages suffered or incurred by BizKash (including all reasonable legal expenses) as a result of you altering or interfering or allowing a third party to alter or interfere with the data on your Account and/or Mobile Payment.

 

  1. Trademarks & Intellectual Property

5.1 The trademarks, logos and service marks (“Marks”) displayed on this Apps are the property of BizKash or other third parties. Users are not permitted to use these Marks without the prior written consent of BizKash or such third party, which may own the Mark.

5.2 You acknowledge and agree that all trademarks and other intellectual property rights relating to the Services or any part thereof, whether presented to you by BizKash, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and all BizKash’s rights therein are expressly reserved.

 

  1. General Disclaimer.

6.1 Although BizKash has attempted to provide accurate information on the Apps, BizKash assumes no responsibility for the accuracy of the information. BizKash may change the programs or services mentioned at any time without notice. Mention of non- BizKash products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

6.2 All Information provided on this apps is provided as is with all faults without warranty of any kind, either expressed or implied. BizKash and its suppliers disclaim all warranties, expressed or implied including, without limitation, those of merchantablity, fitness for a particular purpose and non-infringement or arising from a course of dealing, usage or trade practice.

6.3 BizKash shall not be liable for any indirect, special, consequential or incidental damages including without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this apps or any BizKash’s products. Damages resulting from use of or reliance on the information present, even if BizKash or its suppliers have been advised of the possibility of such damages.

6.4 BizKash further does not warrant the accuracy and completeness of the materials or services at this Site. BizKash may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and BizKash makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Please contact BizKash for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

  1. Disclosure; Forward-Looking Statements.

7.1 Some of the information on this Apps may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and those actual events or results may differ materially.

 

  1. Links to Third Party Sites.

8.1 This Apps may contain links to third party sites. Access to any other Internet site linked to this Apps is at the user’s own risk and BizKash is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. BizKash provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

 

  1. Access to Password Protected/Secure Areas.

9.1 Access to and use of password protected and/or secure areas of the Apps is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Apps may be subject to prosecution.

 

  1. BizKash Online Privacy Statement

10.1 This Clause shall be read together with the BizKash Group Privacy Policy which can be found on Bizkash’s website. In the event of any inconsistencies, any interpretation or construction of this Clause and the BizKash Group Privacy Policy shall be read together to make the best commercial sense.

10.2 You agree that by registering for the Account, you consent for your Personal Information/Data to be used and/or disclosed in accordance with the Personal Data Protection Act 2010.

10.3 Bizkash respects your privacy. We want to make use of individual identifying information that you provide to us for purposes of serving you better. “Individual identifying information” is information that enables us to identify you, such as your email address, name, title and address. Bizkash uses the individual identifying information in order to personalize your experience on our apps and also to be able to selectively send you communications that may be of interest to you, either electronically or otherwise.

10.4 Bizkash’s policy regarding use of your individual identifying information supplied to us or collected via your experience at our online website covers these areas:

  1. Name;
  2. Address;
  3. Identity card no.

 

  1. Notice and Disclosure

11.1 This Online Privacy Statement is made available to you in order to make you aware of how BizKash collects and uses individual identifying information of visitors to BizKash’s Apps.

11.2 BizKash collects the following information regarding visitors to our apps: domain name, name, information regarding what pages are accessed, information volunteered by you, such as survey information, email address, or site registrations, and your preferred means of communication.

11.3 BizKash does make individual identifying information available to third parties, including business partners, for marketing purposes. BizKash also uses such information to contact people for marketing purposes.

 

  1. Choice/Consent

12.1 New registrants to apps have the choice to opt out of having individual identifying information provided in the registration process used for any purpose unrelated to the purpose for which the information was provided to us. We are working on ways to enable you to communicate to us that your individual identifying information should not be used for additional purposes.

12.2 When you sign up for an email list, you will be given instructions at that time on how to remove yourself from that list.

12.3 Access to certain of BizKash’s apps require a login and password The use of those apps, and the information or programs downloadable from those sites, may be governed by a written agreement between your employer and BizKash. Your individual identifying information may be retained by BizKash to verify compliance with the agreement, log software licenses granted, to track software downloaded from those pages, or track usage of other applications available on apps.

 

  1. Data Security

13.1 BizKash is committed to taking reasonable steps to protect the individual identifying information that you provide to us.

 

  1. Data Quality and Access

14.1 The accuracy of your individual identifying information is important to BizKash. We are working on ways to make it easier for you to review and correct the information that BizKash maintains about you. Registered apps users can review their individual identifying information by accessing the apps with a username and password.

 

  1. Use of Cookies

15.1 A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you’ve visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites.

15.2 If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.

 

  1. Limitation of Liability

16.1 In no event will BizKash, its suppliers, or other third parties mentioned as this site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. if your use of the materials, information or services from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

  1. Amendment and Modification of Terms and Conditions

17.1 BizKash reserves the right at its absolute discretion, from time to time, to vary, add to, delete or otherwise amend these Terms and Conditions or any part thereof by giving you twenty-one (21) days prior notice of such changes, additions or deletions. Your continued use of the Service after the effective date of any variation, addition, deletion or amendments to these Terms and Conditions shall constitute your unconditional acceptance of such variation, addition, deletion or amendments. You are advised to visit the BizKash’s website from time to time to keep updated of the latest variation to these Terms and Conditions (if any).

17.2 The fees and charges imposed by BizKash pursuant to the Terms and Conditions may change from time to time. BizKash shall notify you of any changes to the fees and charges imposed by BizKash giving no less than twenty-one (21) days’ prior to the effective date of the said changes to the fees and charges.

 

  1. Anti-Money Laundering, Anti-Terrorism Financing And Proceeds Of Unlawful Activities Act 2001 (AMLATFPUAA) & Financial Services Act 2013 (FSA).

18.1 BizKash acknowledges that the document or information collected by BizKash from you relating to your affair or account as a customer of BizKash will be only used and/or disclosed in accordance to the secrecy provisions under the Financial Services Act 2013 (FSA).

18.2 BizKash, its subsidiaries and officers shall comply in all material respects with the all applicable laws, regulations, guidelines and policies relating to AMLATFPUAA, including all, Regulations and Rules.

18.3 Without limiting the generality of the foregoing, to the extent required by the AMLATFPUAA, BizKash shall (a) maintain an anti-money laundering and anti-terrorism financing compliance program that is in compliance, in all material respects, with the AMLATFPUAA, (b) conduct, in all material respects, the due diligence required under the AMLATFPUAA in connection with the use of the Account, including with respect to the origin of the funds used by you to reload into the Account and (c) maintain sufficient information to identify you for purposes of compliance, in all material respects, with the AMLATFPUAA.

18.4 In the event your Account is ceased, terminated or suspended by BizKash due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or AMLATFPUAA or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the monies and all reload monies whatsoever in the Account and it shall be lawful for BizKash to retain for an indefinite period or release to the relevant authorities all monies in the Account in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom from BizKash.

 

  1. Severability and Effect of Terms and Conditions

19.1 If any of the provisions herein contained should be invalid, illegal and unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

 

  1. Waiver

20.1 BizKash’s failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed by BizKash in writing.

 

  1. Assignment

21.1 You shall not assign or in any other way transfer your rights or obligations under these Terms and Conditions or part thereof. BizKash may assign these Terms and Conditions in whole or in part to any third party at its discretion.

 

  1. Language

22.1 In any event of any inconsistency, conflict, ambiguity or discrepancy between the English version or any other version of these terms & conditions, the English version of these terms & conditions shall prevail.

 

  1. Binding Effect

23.1 These terms & conditions shall be binding upon your successors and permitted assigns. These terms & conditions shall be binding upon and enure to the benefit of BizKash’s respective successors in title and assigns.

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