Terms of Services

DEFINITIONS
In this Term of Services, the following terms shall have corresponding definitions herein:
Business Day means any day except any Saturday, any Sunday and any day which is a public holiday in Malaysia.
Calendar Day refers to ordinary day of the calendar.
Confidential Information refers to information that is not publicly available and such information obtained and exchanged between Parties in the course of accessing and engagement of the Service, our products and features thereto reasonably expected by the Parties to be
confidential in nature.
Data refers to all data and information owned, licensed, held, exchanged or created by you or relevant Parties that are processed, shared, disclosed, exchanged or kept in the course of the Service.
Charges means the applicable payment of fee for the Service, the purchases of goods or services you with respective Merchant, as the case may be.
Force Majeure means such acts of God, strikes, quarantine, pandemics, state of war, riots, embargoes, power outage, breakdown of internet service, government restraint or regulation and anything which is not reasonably within the control of any party rendering the performance of the Service no longer possible.
Intellectual Property and/or Intellectual Property Rights refers to such legal and proprietary rights to intellectual inventions and works, including but not limited to logos, designs, data and databases, confidential information, trade secret, know-how, computer software and data of the proprietor and/or creator, as accorded and recognized in law.
Merchant means such person that provides commercial products or services merchantable to you by Service herein.
Omnimerce refers to the supply chain solutions developed by WITO Technology Sdn Bhd.
Party or Parties refers to such Person providing, accessing, using and/or engaging our Service and product and features referred in this Terms of Services, including the permitted assigns of the Party.
Person includes an individual in person and any legal entity incorporated according to law and recognized in law.
Personal information means such information personal to the Person herein.
Personnel includes representatives, employees, contractors and agents of a Party.
Points refer and denotes such rewards to customer assigned and designated by the Merchant in any of their reward programme for activities set by the Merchant.
Privacy Policy means our privacy policy available from time to time at [here].
Service means the services herein and features thereto from this Mini Program applications, as offered by us from time to time at the terms and conditions herein.
Tax or Taxes means such all applicable taxes at federal, state or local as applicable under the law.
Terms refers to all the terms and conditions herein.
Underlying Systems means all the (inclusive of third party’s) solutions, application, software, systems and networks (including hardware) used to provide the Service.
Wito means Wito Technology Sdn Bhd including its related entities or subsidiaries as the case may be.
(All words in the singular include the plural and vice versa).

GENERAL

By registering an account herein, accessing and/or subscribing to the Service (whether in part or in full, for trial or otherwise, for commercial purposes or otherwise), you expressly agree to be bound by all our Terms and these Terms shall constitute a legally binding agreement.
We reserve the full rights and discretion to deny, reject, refuse or postpone Services to any Person at any time without any reason.
In the event of Force Majeure, no party is liable to the other for any failure to perform its obligations, whether wholly or partially, under these Terms.
Unless otherwise expressly stipulated herein, the applicable law for the Terms herein shall be Malaysian law and the Parties submit to the exclusive jurisdiction of the Malaysian courts.
The applicable data protection laws, Personal Data Protection Act 2010 shall be applicable.
WITO Technology Sdn Bhd reserves the right to update and modify the Terms at any time without further notice. By continuing the subscription and/or accessing the Service herein after updates to the Terms have been posted, you expressly agree to the new Terms as applicable. Any updates to the Terms is available at [here].
If any part or provision of these Terms has become unenforceable or invalid by law, that part or provision shall be modified to the extent not affecting the remainder part of the provision itself or these Terms. If modification is not possible, the part or provision must be treated for all purposes as removed altogether
Nothing in this Terms create or implies any joint venture, agency, trust or partnership relationship between the Parties and all Parties shall remain as independent contractor.
The Terms herein shall supersede any arrangement, representation or exchanges made prior between the Parties.
All notices or enquires can be directed to [email protected].
You expressly agree and acknowledge that all dealings with the Merchant through the Service, are the sole responsibility of you and the respective Merchant. We give no
assurance, undertaking, guarantees, warranties or representations, whether express or implied, in relations to the items, products, services sold, purchased, introduced or recommended through the Service.

SERVICE & AVAILABILITY

Our Service is non-exclusive and we have the right to provide the Service to any other person.
We shall apply reasonable efforts to provide the Service, using reasonable care, skill and diligence with personnel deemed qualified by us.
You expressly agree and acknowledge that the Service may inter-operates with various third party services and features and we do not make any warranties or representations on this third party services. For avoidance of doubt, we reserve the sole discretion to cease
availability of any third party services or features at no liability to you and without any further notice.
Any use of such third party services offered or integrated herein is entirely at your own risk and your expressly assume the responsibility to further read the terms and conditions to such third party services by the third party which may be made available at their website.
We strive to keep the Services up and running. However, as in any online services requiring network connection there may be unlikely occasional disruptions for a variety of reason.
We are not liable for any disruption or loss you may suffer as a result thereto.
We reserve the right to refuse and/or suspend Service to anyone for any reason at any time.

UPDATES

You may be required to update the software to continue access to our Service or the features thereto. All updates made available are subject to the Terms herein.
By continuing subscription with us and/or continuing access to our software, you consent for us to automatically check your version of the software and download software updates or configuration changes, where applicable and necessary.
Subject to compliances of the Terms herein, we may suspend, decline and or refuse updates to software.
We do not guarantee in any manner that updates is compatible with your software system but we welcome feedback at [email protected] on the matter and will strive to resolve the incompatibility, if any.

USING THIRD PARTY APPS AND SERVICES

We may integrate Third Party Apps or services and you agree to be bound by the terms and conditions of the Third Party Apps or services. To the extent permitted under the Terms, we shall not be liable for information and services provided by the Third Party Apps.
You expressly agree and acknowledge that Third Party Apps shall be treated as independent contractor and we shall not be held liable for any infringement or losses arising from the use of the Third Party Apps or services.

CODE OF CONDUCT

By subscribing and/or accessing to our Service, you (and your authorized representatives)
agree to adhere to the following code of conduct:
1. Never engage in activity that is fraudulent, false or misleading abusing the Service;
2. Never circumvent any restrictions on access to, usage or availability of the Service, its products and/or features;
3. Never engage in activity that violates the privacy or data protection rights of others;
4. Never engage in activity that violates the licenses granted by the respective licensor(s) in the Service, products and features;
5. To access and use the Service and features according to recommendation by us;
6. Not use, or misuse, the Service in a manner which may impair and/or
  jeopardise the operation of the Service;
7. Not to undermine or do any act which undermine the security and integrity of the Underlying System;
8. To provide true and accurate information in all your transaction and dealings in the Service, including updating such information as and when needed; and
9. To use the Service in accordance with the guidelines and procedures as
  issued by us from time to time.
You agree to assume full responsibility and liability for, and to indemnify and hold harmless us and/or our personnel from, any damage or loss suffered by us, our personnel, yourself, other user of the Service and/or any third party as a result of or in connection with a breach of any of this code of conduct.

PRIVACY

The Service, products and/or feature may collect and/or retain data from you necessary for functionality purposes, user improvement purposes, security and backup purposes, through interactions with our Service including for our internal research and product development purposes and to conduct statistical analysis.
By continuing subscribing and/or accessing the Service, products and features, you consent to the above and acknowledge that the data collected and/or retained will be processed in accordance with the personal data protection laws herein.
You are responsible for procuring all other necessary consents required for you to use, store and input Data into, and process and distribute Data through, the Service.
Whereby a Data is collected, processed or retained by Merchant or a necessary third party, you expressly agreed to assume the terms and conditions of the Merchant or third party independent of this Terms, where applicable, and WITO Technology shall not be liable thereto for any infringement.
Notwithstanding anything herein, you may according to the Personal Data Protection Act 2010 withdraw your consent by sending us a notice of withdrawal at [email protected] and we shall take necessary steps to give effect to such withdrawal.

CONFIDENTIALITY

Each party must preserve the confidentiality of information obtained, exchanged or processed through the necessary engagement arising from the use of the Service, product and/or feature and/or arising from the Terms herein, including maintaining adequate security measures to safeguard the confidentiality.
Unless otherwise stipulated or agreed, the confidentiality duty shall survive the termination of any subscription or license or access granted related herein, as the case may be.
The obligation of confidentiality above does not apply to any disclosure or use of Confidential Information:
1. compelled or required by law including any court order or legal compliances with regulatory authority in a competent jurisdiction to the extent so ordered or required only;
2. which has become publicly available through no fault of the recipient of the Confidential Information; or
3. which is approved in writing by the disclosing party from such confidentiality.

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Terms of Services