MT Global Technologies SDN. BHD.

Terms & Conditions of the Season Parking Agreement

In applying to MT Global Technologies SDN. BHD. (200401022759 (661264-D)) (hereinafter referred to as "The Company") for online season parking payment, the Licensee hereby agrees to the following terms and conditions:-

1. Definitions and interpretation of terms used in this Agreement:

a. "Licensee" means the season parking cardholder (including its employees, agents and invitees) who has applied for and was or has been granted season parking at the commercial car park(s);

b. "Individual" means any individual or a tenant who has been allocated car park bay(s) in the Car Park;

c. "Car Park" means the car park area operated and managed by the Company;

d. "Reserved Bay" means a specific parking bay that is reserved for the Licensee and marked with the Licensee’s vehicle registration number;

e. "Non-reserved Bay" means any parking bay and/or any parking bay in a specific designated car parking area within the Car Park other than a Reserved Bay and/or any other specially or specifically marked car park bay.

f. "License Fee" means the monthly fee payable by the Licensee for the allocation and use of the Reserved and/or Non-reserved Bay as may be determined by the Company including any revision thereto;

g. "Reserve Period" means the period as stated in the agreement for the car park bays;

h. "Security Deposit" means the amount of deposit payable by the Licensee with the application for season parking as may be determined by the Company including any revision thereto;

i. "Clamp Levy Fee" means the sum charged by the Company for the release of the wheel clamp from the Licensee’s vehicle including any revision thereto;

j. “Season Card Replacement Fee” means the sum per card charged for the issuance of every lost, damaged or stolen Smart Card (as defined hereinbelow) including any revision thereto;

k. “Allocated Bays” means the number of Reserved Bay and/or Non-reserved Bay allocated to the Licensee pursuant to the agreement;

l. “Admin Fee” means the sum of RM10.00 per card charged to Individuals towards the application of card fee including any revision thereto;

m. “Season Parking Card” means the season parking card issued by the Company for the parking at the Car Park;

n. “Car Park Operation Hours” means the operation hours of the Car Park which shall be displayed at the entrance of the respective car parks and/or such operation hours including any revisions and/or variation thereto.

o. “Approved Car Parking Period” means such approved timings, car parking hours, calendar days and/or periods of parking at the Car Park as approved by the Company at the point of approval including any revisions thereto.

2. The Licensee who is categorised as Individual or Office Unit Owner (including its employees, agents and invitees) shall be given the option (to be exercised within the Reserve Period) to apply and take up in full the number of Reserved Bay and/or Non-reserved Bay allocated pursuant to the Agreement or Tenancy Agreement ("Allocated Bays"), as the case may be, within the Reserve Period. In the event there is any remaining Allocated Bays not taken up by such Licensee before the expiry of the Reserve Period ("Balance Allocated Bays"), such Licensee shall be deemed to have elected not to exercise the option to apply and take up the Balance Allocated Bays. Thereafter Company shall be entitled to allocate the Balance Allocated Bays not taken up by such Licensee within the Reserve Period to other Licensee(s) as the Company deems fit and without further notice to the Licensee. If such Licensee requires additional parking bays after the Reserve Period, such Licensee shall apply to the Company who shall have the sole discretion to accept and approve or to reject and decline the application for additional parking bays at such cost determined by the Company and such other additional parking bays shall be construed as Individuals for the purposes of this Agreement.

3. The Licensee, its employees, agents and invitees shall use/occupy the parking bay area at their own risk and shall hereby release, to the full extent permitted by law, the Company, its employees, agents and invitees from all claims and demands of every kind arising from any accident, damage or injury to person or property, howsoever caused, occurring in or upon entering the Car Park. Vehicles and goods left in the parking area are done so entirely at the risk of the Licensee and/or the vehicle owners. The Company, its servants, agents and invitees shall not be liable for any damage, theft and/or loss of such vehicles or any part or parts of such vehicle or goods and/or belongings from the vehicles howsoever caused.

4. The License Fee shall be paid monthly by the Licensee in advance and not later than the 1st day of each calendar month ("Due Date") without any notice, reminder or demand from the Company. In the event the Licensee fails to pay the License Fee in full by the Due Date, the Company shall have the right to bar the Licensee from accessing the Car Park (by deactivating the access card(s)) ("Right to Bar"). A reactivation fee of RM15.00per incident per card or such other amount as determined by the Company from time to time shall be payable by the Licensee for the reactivation of the Season Parking Card provided the Licensee shall have first paid the outstanding License Fee and the reactivation fee in full. Without prejudice to the Company’s Right to Bar, if the License Fee (or any part thereof) remains outstanding after the last day of the month in which the License Fee is due, the Company shall have the right to terminate this Agreement and forfeit absolutely the Security Deposit paid by the Licensee pursuant to this terms and conditions. Upon termination of the license, the car park bay shall no longer be allocated and/or licensed to the Licensee and the Company shall as it deems fit proceed to market/let/license or use the bay without further notice to the Licensee.

5. Payments shall be made , through the Company’s website or by any other mode or method of payment as may be approved by the Company and/or as stated in the Company’s website. The Company reserves the right to revise the rates of the License Fee and Security Deposit and/or any other fee payable pursuant to this Agreement from time to time as it deems fit. Notification of such revision shall be by e-mail notification to the Licensee or published in the Company’s website for avoidance of doubt any publication or notification at the Company’s website shall be deemed as good and sufficient notification . The Licensee shall be solely responsible to provide the correct and current e-mail address to the Company in order to receive such notification(s).

6. ' The Licensee shall apply for the car park bay through the Company’s website . The commencement date of the Agreement shall depend on the selection made by the Licensee which could take effect not more than 14 days from the date of application for Reserved Bay and on the next calendar date from the date of application until the last calendar day of the subsequent month for Non-reserved Bay.

7. The Licensee may terminate this Agreement by applying for termination through the Company’s website . The Licensee shall select the effective date of termination and such effective date of termination may take effect on the next calendar date from the date of application until the last calendar day of the subsequent month (from the date of application for termination). Upon successful termination , the Security Deposit shall be duly refunded free of interest within 30 days from the effective date of termination provided that all outstanding payments due to the Company has been settled in full by the Licensee failing which, the Company shall be entitled to utilise the Security Deposit to set-off any such amount due to the Company and refund the balance Security Deposit (if any) to the Licensee. If the Security Deposit is insufficient to set-off the amount due and owing to the Company, the balance outstanding amount due to the Company shall immediately become a debt due to the Company and shall be payable by the Licensee.

8. The Company reserves the right to relocate the car park bay and/or to terminate this Agreement as deemed fit by giving 30 days prior notice to the Licensee.

9. The Licensee shall provide the Company with a request of change of bay at the Company’s website and shall be subjected to a Change of bay Fee for the sum of RM 15.00 per bay or such other amount as determined by the Company strictly subject to availability of bay and as deemed fit by the Company.

10. Only one (1) vehicle belonging to the Licensee will be allowed to enter the car park at any one time and it shall be parked in an orderly manner within the car park bay and shall occupy the parking bay only during Approved Car Parking Period.

11. The Company reserves the right to clamp any vehicle found to be in breach of this term and the Clamp Levy Fee shall be payable by the Licensee for the release of the clamp. In addition thereto, the Company reserves the right to terminate the Agreement if the Licensee is found to be in breach of this term.

12. Unless otherwise authorized by the Company, the Licensee shall park its vehicle only at the designated Reserved Bay or Non-reserved Bay as the case may be or at such area authorized by the Company during the Approved Car Parking Period only, failing which the Company shall have the right to clamp the vehicle of the Licensee. The Clamp Levy Fee shall be payable by the Licensee for the release of the clamp.

13. The windscreen sticker and Season Parking Card are issued for a specific vehicle and is strictly non-transferable. The windscreen sticker, if issued must be displayed at all times on the registered vehicle/vehicles.

14. The Licensee is required to notify the Company of any change of vehicle registration number registered with the Company for the purpose of this Agreement.

15. Any subsequent request to add or replace the displayed vehicle registration numbers must be applied with the respective car park office.

16. The Company reserves the right to terminate the Agreement if the Licensee is found to be in breach of any of the terms and conditions by giving a 24 hours notice. Upon which all deposits shall be forfeited by the Company as deemed fit and the Licensee will be subjected to legal proceedings for any damages arising from such acts. The Licensee shall defend, indemnify and keep the Company and its representatives fully indemnified, save and hold harmless against any and all claims, demands, losses, charges and all liabilities, cost and expenses (including solicitors cost) of whatever nature due to any act, breach of obligations , omission, negligence , infringement , misuse of information or default of whatsoever nature of the Licencee, its agents, servants, representatives, employees, contractors, visitors, customers, guests and/or invitees.

17. The Licensee shall be wholly responsible and shall take adequate precaution against the Season Parking Card being damaged due to exposure to heat and magnetic accessories, misuse and/or abuse such as handphones and/or against losses due to misplacement or theft. The replacement charges for damaged or lost Smart Card shall be RM50.00 per access card or such other amount as determined by the Company from time to time

18. In the event, that any Appropriate Authority imposes and/or it is charged by law, a sale, goods and/or services tax (Tax) or any other tax, levy and/or duty upon any payment payable by the Licensee to the Company and/or goods and/or services as provided herein such sales, goods and/or services tax (Tax) or other similar tax shall be paid by the Licensee in addition to fees and chargers imposed.

19. The Company reserves the right to alter or amend any of the above terms and conditions without prior notice and any decision made by the Company is final.

20. The Licencee shall not transfer, sell, assign or sub-let its rights and obligations in whole or in part hereunder without the prior written consent of the Company. Any attempted assignment or transfer in violation of this provision shall be void and of no effect

21. Each party shall respectively bear their own costs incidental to the preparation and completion of this Terms and Conditions . Any stamping fee of this Terms and Conditions shall be borne and paid for by the Licencee.

22. This Terms and Conditions shall be governed and construed in all respect in accordance with the laws of Malaysia.

23. The Car Park’s Operation Hours are as displayed at the main entrance of the Car Park. The Company reserves the right to change the Car Park’s operation hours at any time without having to assign any reason whatsoever.

24. In the event the Paywhiz Portal is down or isn’t functioning, the Licensee shall call the Customer Service Hotline at 03-89649661 for assistance .