MT Global Technologies SDN. BHD.

Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE "WEBSITE"). THESE WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. THESE TERMS OF USE IS A BINDING AGREEMENT BETWEEN YOU AND MT Global Technologies SDN. BHD. (“MT Global Technologies” OR “WE”).

1. User Eligibility The Website is provided by MT Global Technologies SDN. BHD. and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website.

2. Scope of Terms of Use These Terms of Use govern your use of the Website and all applications, software, and services available on the Website (collectively, "Services"), except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you on the Website ("Specific Services Terms and Conditions"). Any such Specific Services Terms and Conditions accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

3. Payment Invoices for the relevant Services pursuant to the Specific Services Terms and Conditions may be issued by other companies affiliated to MT Global Technologies. Payment for the relevant Services pursuant to the Specific Services Terms and Conditions may be made via the Website through a third party payment gateway. The terms of the relevant payment gateway service provider will govern such payment and MT Global Technologies is not a party to such terms.

4. Modifications MT Global Technologies may revise, modify and update these Terms of Use at any time. Such revision, modification or update shall be effective immediately upon notice, which may be given by means of, including, but not limited to, posting on the Website, or by electronic mail, or by any other means by which you obtain notice thereof. Any use of the Services or applicable Services (as the case may be) by you after the issuance of such notice shall be deemed to constitute acceptance of the revised, modified or updated Terms of Use, unless MT Global Technologies receives any notice from you stipulating your disagreement to such revision, modification or update, in which case either party shall be entitled to terminate these Terms of Use by giving the other party five (5) working days’ written notice.

5. Privacy Notice The MT Global Technologies Privacy Notice governs the use of information collected from or provided by you at the Website. With respect to any individual whose personal information is provided by you to MT Global Technologies, you represent to MT Global Technologies that you have obtained all necessary consents for the processing of such personal information contemplated by the Services you are using and by the MT Global Technologies Privacy Notice, including the transfer of such data to other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual. By viewing, accessing and using the Services, you agree to be bound by these Terms of Use and MT Global Technologies Privacy Statement.

6. License and Ownership Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of MT Global Technologies, its affiliates or third parties. Nothing in these Terms of Use shall transfer or assign the Intellectual Property Rights to you. The Content is protected by copyright and other laws in Malaysia and other countries. All custom graphics, icons, and other items that appear on the Website are trademarks or service marks ("Marks") of MT Global Technologies, its affiliates or other entities that have granted MT Global Technologies the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of MT Global Technologies. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property in the Website in any way without MT Global Technologies or the appropriate third party's prior written permission. Except as expressly provided herein, MT Global Technologies does not grant to you any express or implied rights to MT Global Technologies’s or any third party's Intellectual Property.

7. Your Use and Restrictions on the Website You are solely responsible for all acts or omissions that occur when using the Services. You are solely responsible for the content which you post or transmit through the Services and you acknowledge that MT Global Technologies is only the conduit for posting, distribution and transmission of data. You agree that:

o Your use of the Services will only be for lawful purposes and not for any purpose against public interest, public order or national harmony and is in accordance with these Terms of Use;

o All Content, products or services transmitted or made available via the Services, are the sole responsibility of the person from which such Content, products or services originated;

o You are solely responsible for all Content, products or services you transmit or make available via the Services or on any website;

o By using the Services, you may be exposed to third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal;

o You will not use the Services to publish defamatory, infringing, obscene or other unlawful material and post or transmit unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, privacy invading, sexual/racially offensive or otherwise objectionable material of any kind or nature;

o You will not use the Services to interfere with, damage, disrupt or unlawfully use or gain access to any service, equipment or computer network without due authorisation;

o You will not use the Services in a manner that results in distribution of viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or damaging programming routines which are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment;

o You will not use the Services to transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email, or for any commercial purposes.

o You will not use the Services to impersonate any other person or to create a false identity.

o You will not engage in any activity, whether lawful or unlawful, which we solely determine, to be harmful to our customers, operations, reputation, good will or customers relation.

o You will not disrupt or undermine the security of the various networks and systems that are connected to the Services, or violate the regulations, policies, or procedures of such networks or systems. This may include any failure to update software use on your account or website that is known to be vulnerable to malicious activity or exploitation.

o To make or attempt any illegal or unauthorised access to any part or component of the Services, the network or any third party equipment, accounts, systems or networks to which you can connect through the Services directly or otherwise; or to carry out or attempt any activity that might be used as a precursor to an attempted system penetration (i.e. port, stealth, security or penetration scans or other information gathering activity) on MT Global Technologies or its service providers’ servers or network;

o The Services involves access to, use of and exchange of information over the internet and you acknowledge that such access to, use of and exchange of information may not be secure. MT Global Technologies will not be liable to you if you suffer loss or damage as a result of the information not being secure.

o You will comply with all applicable laws, rules and regulations and any instructions, notices, directions, requirements or restrictions which we may impose on the use of the Services;

o You are required to provide accurate and complete information to MT Global Technologies and inform MT Global Technologies immediately of any changes in any particulars or information given to us, including but not limited to any changes in address and/or contact particulars;

In addition to other restrictions set forth in these Terms of Use, you agree that:

o You shall not disguise the origin of information transmitted through the Website.

o You will not place false or misleading information on the Website.

o You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by MT Global Technologies.

o You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.

o Certain areas of the Website are restricted to customers of MT Global Technologies.

o You may not use or access the Website or MT Global Technologies’s hardware and software (“MT Global Technologies Systems”) or Services in any way that, in MT Global Technologies's judgment, adversely affects the performance or function of the MT Global Technologies Systems, Services or the Website or interferes with the ability of authorized parties to access the MT Global Technologies Systems, Services or the Website.

o You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of MT Global Technologies.

8. Links

o Outbound Links. The Website may contain links to third-party Websites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to you and not as an endorsement by MT Global Technologies of the content on such Linked Sites. MT Global Technologies makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Li7nked Site. If you decide to access Linked Sites, you do so at your sole risk.

o Inbound Links. Linking to any page of the Website other than to https://paywhiz.com.my through a plain text link is strictly prohibited in the absence of a separate linking agreement with MT Global Technologies.

9. Password Confidentiality

We are committed to safeguarding your privacy online. We have taken steps to ensure that reasonable measures have been put in place to prevent unauthorised access, disclosures, loss or thefts of personally identifiable information collected and transmitted through the Services.

o You may be required to register and provide personal details in order to access certain Services. In such circumstances, you may be required to enter your password every time you access certain Services. You are responsible for maintaining the confidentiality of your password and/or user authentication and for restricting access to your computer, and you agree to accept responsibility and liabilities for all activities that occur under your password and/or user authentication, whether authorised by you or not. Should you have any reason to believe that your password has been misused and/or compromised whether by theft, fraud or otherwise, you shall inform MT Global Technologies immediately after becoming aware of the same and you will proceed to change your password.

o MT Global Technologies shall not be liable for any loss or damage which you and/or any third party suffers or may suffer as a result of instructions or transactions transmitted via the Services after successful usage of your password whether or not such usage was authorized by you.

o You shall keep MT Global Technologies fully indemnified against all loss or damage which MT Global Technologies suffers or may suffer in connection, whether directly or indirectly, with usage of your password whether by you or any third party, authorized or otherwise.

o MT Global Technologies reserves the right to invalidate or suspend your password at any time without being obliged to offer you any explanation or prior notice. MT Global Technologies shall not be liable for any loss or damage which you may suffer as a result of such invalidation and/or suspension.

o MT Global Technologies reserves the right to discontinue the password accessing system with respect to the Services at any time, without prior notice. MT Global Technologies shall not be liable for any loss or damage which you may suffer as a result of such discontinuation.

10. Termination

You agree that MT Global Technologies, in its sole discretion, may terminate or suspend your use of the Website, the MT Global Technologies Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Content. Accessing the Website, the MT Global Technologies Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that MT Global Technologies shall not be liable to you or any third party for any termination or suspension of your access to the Website, the MT Global Technologies Systems, Information and/or the Services.

11. Disclaimer of Warranties

MT Global Technologies makes no representations about the results to be obtained from using the website, the MT Global Technologies systems, the services, the information or the content. The use of the same is at your own risk.

The website, the MT Global Technologies systems, the information, the services and the content are provided on an "as is" basis. MT Global Technologies does not warrant that:

o The functions contained in the MT Global Technologies systems and/or the services will meet your requirements;

o The operation of the MT Global Technologies systems and/or the services will be uninterrupted or error-free; and

o Any defects in the MT Global Technologies systems and/or the services will be corrected

MT Global Technologies, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. MT Global Technologies and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the website or the MT Global Technologies systems. No information obtained by you from the website shall create any warranty not expressly stated by MT Global Technologies in these terms of use.

12. Consumer Protection

Notwithstanding anything contained in these Terms of Use, if the Consumer Protection Act 1999 (“Act”) applies and if you are dealing as a consumer under the Act (consumer having the meaning prescribed to it by the Act), (a) MT Global Technologies gives you such implied warranties under the Act that cannot be excluded by the Act; (b) these Terms of Use are only intended to exclude or limit the remedies and rights you may have to the maximum extent permitted by the Act; and (c) nothing in these Terms of Use are intended to exclude or limit MT Global Technologies’s liability to you for any loss or damage arising from (i) MT Global Technologies’s negligence; or (ii) MT Global Technologies’s breach of any implied or express terms without adequate justification.

13. Liability

MT Global Technologies and our respective personnel and/or suppliers will not be liable to you or any other party in contract, tort (including negligence ) or otherwise in respect of any claim brought by you or by any third party for any loss of profit or revenue or loss of business or loss of data or for interrupted or suspended Services or for any direct, indirect, special, incidental, consequential damages, punitive damages, or for any injury caused or suffered by a person or damage to property or any damages arising out of or in using the Services, whether or not MT Global Technologies, our personnel or suppliers were or should have been aware of the possibility that such damage or loss would occur. The exclusion referred to herein applies to any action giving rise to an obligation, duty or liability. We disclaim any and all liability to the fullest extent allowed by law.

By accessing and using the Services, you agree to waive and hold MT Global Technologies and our respective personnel and/or suppliers harmless from any claims relating to any action taken by MT Global Technologies and our respective personnel and/or suppliers including the conduct of an investigation, issuance of a warning, refusal, removal, modification or denial of access to Content, products or services, suspending or terminating the Services, or other appropriate action in relation to any suspected or alleged breach of these Terms of Use. In addition you shall keep MT Global Technologies fully indemnified against all loss or damage which MT Global Technologies suffers or may suffer arising from or in connection with your use of the Website and/or the Services. Without prejudice to the foregoing, where a court or an arbitrator holds or finds MT Global Technologies and our respective personnel and/or suppliers liable to you for any breach or default arising from or in connection with the Website and/or the Services, you agree that the amount of damages payable by MT Global Technologies and our respective personnel and/or suppliers to you will not at any time exceed the sum of RM500.00.

14. Compliance with Law

By accessing and using the Services, you agree that such access and/or use, as well as these Terms of Use shall be governed by and construed in accordance with the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the Malaysian courts.

15. Force majeure

MT Global Technologies shall not be liable to you or be deemed to be in breach of these Terms of Use by reason of any delay in performing, or any failure to perform, any of MT Global Technologies’s obligations under these Terms of Use, if the delay or failure was due to any cause beyond MT Global Technologies’s reasonable control, including but not limited to:

o fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;

o war or threat of war, sabotage, insurrection, civil disturbance or requisition;

o acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

o strikes, lock outs or other industrial actions or trade disputes;

o telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery affecting MT Global Technologies Systems or any part thereof.

16. Jurisdiction

You hereby expressly agree that any proceeding arising out of or relating to your use of the Website, MT Global Technologies systems, Information, Services and Content shall be instituted in a court in Malaysia.

17. General

You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

The use of the Services is subject to these Terms of Use and the Specific Services Terms and Condition(s) (collectively referred to as “MT Global Technologies Season Parking Agreement”). If there is any conflict or inconsistency between the Specific Services Terms and Condition(s) and these Terms of Use, these Terms of Use shall prevail.

If any part of the Terms of Use should be determined to be illegal, invalid or otherwise unenforceable, then to the extent that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Use and the remaining Terms of Use hereof shall survive, remain in full force and effect and continue to be binding and enforceable. The Services may be accessed throughout Malaysia. MT Global Technologies MT Global Technologies makes no representation that the content of the Services complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access the Services from outside Malaysia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

18. Complete Agreement

Except as expressly provided in a separate license, service or other written agreement between you and MT Global Technologies, these Terms of Use constitute the entire agreement between you and MT Global Technologies with respect to the use of the Website, the MT Global Technologies MT Global Technologies systems, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.