These terms and conditions was last updated on: 30/01/2019
OUR TALENT SDN. BHD. (COMPANY NO. 1295541-U) (“Our Talent”)
In this Terms and conditions, the following meanings shall apply:
Means the Our Talent Application and the term App and Platform are used interchangeably referring to the Our Talent Application.
means the person who buys or agrees to buy the goods from the Seller as stated in Part 3 of the Schedule hereto.
means all information of any kind, whether in printed or electronic format or orally disclosed, submitted or disclosed by one party to the other, whether on or after the date this agreement was made.
means the date specified by the Seller when the Services are to be rendered or the Seller’s product(s) are to be delivered.
means the rendering of the services which the Seller agree to provide and the Buyer agrees to obtain from the Seller.
means the price for the Services and/or the Products as quoted by the Seller to the Buyer.
means the product(s) that the Seller agrees to sell and the Buyer agrees to buy from the Seller.
means the Party rendering his services / selling his product under this App.
‘terms and conditions’
means the terms and conditions for usage of the App as set out in this document and any amendments from time to time.
In these terms and conditions, “we,” “us,” “its,” and “our” refer to OUR TALENT SDN. BHD. (Company No. 1295541-U) (“Our Talent”) and “you”, “your” and “User” refer to the Seller and/or the Buyer.
The singular shall refer to the plural and the male gender shall include the female and the neuter gender.
2. USER’S ACKNOWLEDGEMENT & AGREEMENT
2.1 Before accessing and using the App, and downloading, installing or using any associated software supplied by Our Talent (“the Software”) which allows you to connect to people who seek to outsource tasks which fall under any of the defined categories, you hereby agree that by signing up for an account using the Website, Application or Software (collectively referred to as “Platform”), you hereby expressly acknowledge and agree that using or accessing the Platform shall constitute your legal acceptance of all the terms and conditions (“Terms”) of this agreement between you and Our Talent, and any future amendments and additions to the Terms as published from time to time at https://www.ourtalent.co/ or through the Platform.
2.2 Our Talent may at its sole discretion amend, vary, update, modify, add, or delete (“amended terms”) portions of these terms and conditions at any time. Notice thereof shall be posted on the Our Talent App. You are bound by all the revised or amended terms and conditions which will become effective upon their posting on the Platform.
3. PURPOSE OF SCOPE AND OPERATIONS
3.1 Our Talent App is a Platform that operates as an online marketplace for localised professional and personal skills and talent sharing. Our Talent connects people who seek to purchase services/ products which fall under any of the categories specified at the Platform (“Buyer”) from various service providers/product suppliers (“Seller”) who can perform those tasks (“services”) or provide the products (“products”) as specified by the Seller.
3.2 Our Talent does not undertake to perform any of these services/provide any products nor does it employ individuals to perform the services/provide the products selected/ requested by the Buyer. Our Talent does not supervise, direct or control the services/products provided by the Seller upon the acceptance of the Buyer.
3.3 Our Talent strictly does not provide any carrier, transportation or any delivery services (“Delivery Services”). The discretion to offer or accept any Delivery Services lies wholly with the Buyer and the Seller respectively. When the Buyer accepts such services, the Buyer shall bear all risks associated with the Delivery Services offered and performed by the Seller, his servants / agents.
4. USER VETTING
Sellers who intend to use the Our Talent Platform shall be subjected to a vetting process when they register to be a Seller. The process includes but is not limited to a verification of identity and a comprehensive background check. Those seeking to be registered as a Seller hereby consent to Our Talent conducting these vetting processes as often as necessary in compliance with Malaysian laws and regulation.
5. CONTRACT BETWEEN SELLER AND BUYER
5.1 By using the Platform both the Seller and the Buyer (“Users”) acknowledge that a contract is formed between the two parties which occurs upon the Buyer’s acceptance of the Seller’s terms of service/sale. The Buyer agrees to and shall pay the Price fixed by the Seller immediately after accepting the Seller’s terms of service/sale. The Buyer acknowledges that the payment price may include but is not limited to reimbursement for any out of pocket expenses incurred by the Seller but agreed to by the Buyer. The Price is subject any service charge, taxes, delivery and/or other charges.
5.2 The Users of the App acknowledge that Our Talent is not party to any contracts for the Services or Products accepted by the Buyer and provided by the Seller and is not responsible in any way for the transaction and agreement for sale or supply of services and/or products.
5.3 Nothing in the relationship between Our Talent and the User will not be construed as creating a partnership, or joint venture, principal and agency or relationship of an employer and employee with the User.
5.4 Our Talent does not represent and is under no obligation or responsibility for the quality, quantity, specifications and/or the performance of the services and/or products offered by the Seller under the App or to vary the same or the character and/or conduct of the Seller and /or the Buyer.
6. ELIGIBILITY & REPRESENTATIONS
(i) By signing up and/or participating as User, you represent and warrant that you are eighteen (18) years old and above. You also represent and warrant that you have the right, authority and full capacity to be a User.
6.2 Use of information
(i) Your information is any information you provide, publish or display to the Our Talent platform or send to other Users in the registration or in any public message area (including, but not limited to the feedback comment section) or through any email feature (“User Information“).
(ii) User Information will be stored on computers and in our business server. Any personal information provided by you shall be collected, stored and retained by us in accordance with the provisions of the Personal Data Protection Act Malaysia and Singapore and any amendments thereto and any legislation governing such information and its use currently in force.
(iii) By signing up for an account and/or using the Platform and all its function and features, you acknowledge that you have consented to us using your information to register your account to allow you to participate as a User in our Platform.
(iv) You are solely responsible for your personal information, User Information and your interactions with other people when using the in-built messaging feature or in any other circumstances.
6.3 Authorisation for background check
(i) By signing up in the Our Talent Platform and/or using the services, you agree that we may obtain personal information including and without limitation to your National Registration Identification Card number, contact details, driving record, work permit, references and/or credit information.
(ii) You hereby authorise us to perform necessary background checks for its purposes, and further agree to provide any necessary authorisation to facilitate our access to any information for the purposes of the business of Our Talent.
6.4 Accurate information
(i) When you use the Platform, you agree to provide accurate, current and complete information as prompted by our registration form and to maintain and update of your information at all times during the term of the agreement.
(ii) You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right to suspend your use of the services for any period we deem fit or terminate your right of use by providing notice to you.
6.5 Confidentiality of Password
(i) You are also responsible for maintaining the confidentiality of any password provided by you or Our Talent for accessing the account and services on the Platform. Additionally, you are solely and fully responsible for all activities that occur under your password or account.
7.1 Our Talent represents that it has no control over the use of its User’s account at all times and expressly disclaims any or all liability derived therefrom. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security, you must contact and notify Our Talent administrators in writing immediately.
7.2 Our Talent reserves the right to take any legal action against you for misrepresentation and for any loss or damage suffered as a result of any misuse or abuse of your account or password.
8. NO ADMISSION AS TO LIABLITY
8.1 Our Talent tries its best to protect the privacy of data exchanged in the Platform from a third party but shall not be liable or claims no admission to liability in the event of any damage or loss occurs to the User.
8.2 All data exchanged outside the Platform between the Buyer and Seller is strictly at the risk of the both parties.
9. BUYER’S INDEMNITY
By using the Platform and the services thereunder, the Buyer represents, warrants and agrees that:
(a) the Buyer is solely responsible and shall indemnify all claimants including us and our representatives against any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Our Talent;
(b) the Buyer shall not treat, name or hold Our Talent responsible for any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Our Talent, which is made by the Seller against the Buyer; and
(c) the Buyer will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
10. SELLER’S REPRESENTATION, WARRANTIES AND OBLIGATIONS
10.1 By using the Platform and the services, the Seller represents, warrants and agrees that:
(a) the Seller is above 18 years old and possesses a valid identity card or business registration and is authorised to register as a User and has all appropriate licenses, approvals and authority to provide services and/or sales of products to third parties in all jurisdictions in which such Seller performs the Services and/or supplies his Products (“Offer”);
(b) Sellers shall be required to attend any training session held by Our Talent. The Seller shall provide good reason with any evidence to support the Seller’s reason for not attending the training session;
(c) the Seller will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws;
(d) the Seller is solely responsible and shall indemnify all claimants including us and our representatives against any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving us, our platform in performing any Services for Buyer at all times; and
(e) the Seller shall not treat, name or hold us responsible for any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Our Talent or the Platform which is made by the Buyer against the Seller.
11. RESTRICTED ACTIVITIES
11.1 The User shall use the Platform and its services, functions or features in a manner consistent with any and all applicable laws and regulation.
11.2 We reserve the right, but are not obligated to investigate or inform other Users in the Platform regarding other User’s wrongdoing. Any misuse, abuse, inappropriate behaviour, unlawful or illegal conduct by the User shall cause the User to be immediately terminated at the sole discretion of Our Talent.
11.3 Users in the Platform may not in any way utilise the Platform for any misconduct or unlawful activity, including but is not limited to the following.
The User shall not:
(i) impersonate any person or entity;
(ii) “stalk” or otherwise harass any person;
(iii) express or imply that any statements you make are endorsed by us, without our specific prior written consent;
(iv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the services or its contents;
(v) publish, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
(vi) remove any copyright, trademark or other proprietary rights notices contained in the service;
(vii) interfere with or disrupt the services or the Platform or the servers or networks connected to the services or the Platform;
(viii) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the service;
(x) “frame” or “mirror” any part of the service, without our prior written authorization or use meta tags or code or other devices containing any reference to us or the services or the Our Talent platform in order to direct any person to any other web site for any purpose; or
(xi) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the services or any software used on or for the services or cause others to do so.
11.4 You further agree that your information and your interactions with us or any other User, on or through the Platform includes the following but is not limited to the list below, It shall not:
(i) be false, inaccurate or misleading (directly or by omission or failure to update information);
(ii) infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(iii) violate any law, statute, ordinance or regulation or do anything that becomes a restricted activity as in the Terms set forth herein;
(iv) be anything expressly or impliedly defamatory, trade libellous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;
(v) contain any offensive anatomical or sexual references, or sexually offensive, suggestive or connotative language;
(vi) contain any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(vii) create liability for us or cause us to become subject to regulation as a delivery carrier or provider of courier service;
(viii) link directly or indirectly to any other web sites; or
(ix) allow any transfer, use, or sell your Our Talent account and/or account to any another party.
We reserve the right, but we have no obligation, to reject or take action against any User that does not comply with this provision.
12.1 By using the Platform and or signing up/registering for an User is required to provide bank account details and credit/debit card (“Card”) details to Our Talent and to the payment service provider or payment gateway specified by Our Talent from time to time.
12.2 Users shall register valid Card details which belongs to the User. If the Card belongs to another person, the User hereby warrants and agrees that User has obtained permission from the person who owns that Card for the payment of Services. The User will be solely responsible for any issues arising from providing incorrect bank account details.
12.3 The Buyer shall make the payment which will be prompted in the Platform upon acceptance of the Seller’s terms of service through the third-party payment service provider or payment gateway as specified by Our Talent and shall in no event pay the Seller directly or make payments in any other way. Buyer agrees to make online payments through Our Talent’s payment service provider Braintree and/or any others made available from time to time and thereby agree to their terms of service.
12.4 The Seller will be able to claim the payment for the Services rendered and/or products sold to the Buyer by clicking a button “Done” on the Seller’s account:
(i) After the Seller clicks the “Done” button in the Seller’s account, Payment will be credited to the Seller’s Our Talent e-Wallet (Floating Account).
(ii) The Payment will be released to the Seller’s Our Talent e-Wallet (Available Account) within three (3) working days from the time when the Seller clicks the “Done” button.
(iii) In order to withdraw the money available in the Seller’s Our Talent e-Wallet (available account), the Seller must click “Withdraw” on the Seller’s account first, this will prompt the transfer of money from the Seller’s Our Talent e-Wallet (available account) to the bank account specified by Seller which may take up to seven (7) working days. Our Talent shall not be held responsible if there is any delay in the transfer of money or if the Seller provides the wrong or invalid bank account particulars.
12.5 Should the Seller not withdraw any monies from the e wallet after a period of three (3) years from date of the sum being credited into the Seller’s e-wallet. The said amount shall be dealt with by Our Talent as it deems fit according to the law.
13. ADMINISTRATION FEE
The Seller will be subjected to an administration fee of ten percent (10%) of each transaction fee (excluding the Assurance Deposit ) charged to the Buyer. However, Our Talent may waive the administration fee subject to its management’s discretion from time to time. In the event any taxes any other ancillary charges are required to be added to the administration fee, we have the right and absolute discretion to revise the rate of administration fee. The Seller agrees to pay and authorises Our Talent to deduct Our Talent’s administrative fee from the Seller’s e-wallet and an invoice will be issued by Our Talent to the Seller to the said effect.
14.1 Our Talent has full discretion to investigate any fraudulent transaction or deem any transaction to be fraudulent if it has reasonable suspicion that there is such fraudulent transaction taking place. In the event that there is any fraudulent transaction under a User’s account, then Our Talent may suspend the User’s account for a period it deems fit or terminate the right of use immediately.
14.2 We have the right to withhold payment due to any Seller for any suspected fraudulent transaction or non-performance of Services. The matter will be investigated and Our Talent has the final decision on whether the payment should be withheld permanently or not. If Our Talent or its officers conclude from the investigation that cheating has occurred, we have the right to refuse payment to Seller and make a report to the relevant authority.
15. LAWS & DISPUTES BETWEEN OUR TALENT WITH USER
These terms and conditions including the relationship between User and Our Talent shall be governed by the laws of Malaysia. If a dispute arises out of, or in connection with the App between the User and Our Talent, then both parties shall first attempt friendly negotiations. If parties fail to settle the dispute amicably within thirty (30) days from the date of dispute notice, either party shall submit all their disputes to the exclusive jurisdiction of the Courts of Malaysia.
16. CANCELLATION, DISPUTE & REFUND
16.1 If there is no payment made to the Seller within three (3) days of the Buyer clicking “make payment”, the Offer shall be automatically cancelled. Upon cancellation, all payments made by the Buyer will be refunded to the Buyer and the Assurance Deposit will be refunded to the Seller.
16.2 If there is a dispute between the Buyer and the Seller,
(i) the Buyer shall report the dispute within seventy-two (72) hours (“Reporting Time”) from the time when the Buyer receives a notification from the Platform that the Seller has completed the Service and/or sale requested. The Buyer will not have the option to make a report after the Reporting Time has lapsed. When Our Talent receives a report by the Buyer, Our Talent will freeze the payment claimed by the Seller until the issue is resolved according to the following procedures.
(ii) A representative from Our Talent’s customer service department shall contact the Buyer and Seller in dispute within five (5) working days from the date the report was made. Any dispute between the Buyer and the Seller shall be investigated and Our Talent shall resolve the dispute within fourteen (14) working days from the date that the report was made to Our Talent’s customer service.
(iii) A refund to the Buyer shall be made only if the Seller does not perform the Services or supply the products agreed. Poor quality Service or goods is not sufficient grounds for a Buyer to demand a refund. In the event that the Seller has provided the Buyer with poor quality Service or goods, then the Buyer may rate the Seller accordingly.
(iv) Upon resolution of the dispute, Our Talent shall either make a refund to the Buyer or credit the payment back to the Seller’s e-Wallet. In either case, the payment shall be made within seven (7) working days from date of resolution of dispute. If the Seller or the Buyer is dissatisfied with the decision made by Our Talent, then the issue will be resolved forum by Our Talent whose decision shall be final and conclusive and binding on all parties.
17. SOCIAL MEDIA AND NETWORKING SITES
17.1 As part of the functionality of the Platform, Users may be able to login through online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either providing your Third-Party Account login information or by allowing Our Talent to access your Third Party Account, as is permitted under the applicable terms and conditions that govern the use of each Third Party Account.
17.2 By granting Our Talent access to any Third Party Accounts, you understand that Our Talent may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account so that it is available on and through the Platform via your account, including without limitation any friend, contacts or following/followers list, and Our Talent may submit and receive additional information to Your Third Party Account.
18. PROPRIETARY RIGHTS
18.1 We own and retain ownership of the Platform, and all intellectual property therein including but not limited to websites, mobile applications (platform), source codes, registered accounts and any other tangible or intangible assets related to Our Talent. Contingent upon User’s compliance with the terms and conditions of this agreement, Our Talent hereby grants a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Platform on any desktop or mobile device that the User owns or controls and as permitted by these terms and conditions of service.
18.2 User may not rent, lease, lend, sell, redistribute or sublicense the Platform. User shall not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Our Talent and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Our Talent that replace and/or supplement the Our Talent platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
18.3 You warrant and represent to us that your information is posted by you and that you are the sole author of your information. To enable the Our Talent platform to use your information without violating any rights you might have in such information, you automatically grant, and you represent and warrant that you have the right to grant, to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in your information and your content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to your information.
19. USE OF INFORMATION AND CONTENT
20. NOTICES AND COMPLAINTS
Except as explicitly stated otherwise, any notices to Our Talent shall be given by certified mail, postage prepaid and return receipt requested to:
OUR TALENT ASIA SDN BHD (Company No. 1295541-U)
34-01 , Jalan Molek 1/10 ,
81100 Johor Bahru,
Johor Darul Takzim, Malaysia.
Additionally, any notices to you shall be provided to you through the Platform or given to you via the email address you provide to Our Talent during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Our Talent during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Platform, you should first contact our customer service department by email at [email protected] If our customer service department is not able to resolve your complaint within 60 days from the date of submitting the complaint, you may write to us officially on the matter at the address above.
If the Seller wishes to submit a complaint against a Buyer, then the Seller may do so by sending an email or writing a letter to us at the email or address provided above.
21. ACKNOWLEDGEMENT; LIMITATIONS & DISCLAIMERS
OUR TALENT AND ITS OFFICERS, DIRECTORS AND EMPLOYEES PROVIDE THE OUR TALENT PLATFORM AND THE SERVICES/FUNCTIONS ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE OUR TALENT PLATFORM AND/OR THE SERVICES. OUR TALENT, ITS OFFICERS, DIRECTORS AND EMPLOYEES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE, WILL MEET YOUR REQUIREMENTS AND THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. WE CANNOT GUARANTEE THAT EACH BUYER IS AT LEAST THE REQUIRED MINIMUM AGE, NOR DO WE ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, COMMUNICATION OR OTHER USE OR ACCESS OF THE OUR TALENT PLATFORM OR THE SERVICES BY PERSONS UNDER THE AGE OF 18 IN VIOLATION OF THIS AGREEMENT. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CONTENT POSTED ON THE OUR TALENT PLATFORM OR IN CONNECTION WITH THE SERVICE, WHETHER POSTED OR CAUSED BY BUYER OF THE OUR TALENT PLATFORM, BY OUR TALENT, BY THIRD PARTIES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OUR TALENT PLATFORM OR THE SERVICES. ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE ON THE OUR TALENT PLATFORM AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE OUR TALENT PLATFORM OR IN CONNECTION WITH ANY CONTENT. OUR TALENT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE OUR TALENT PLATFORM OR SERVICES. IT ALSO IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE OUR TALENT PLATFORM OR THE SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE OUR TALENT PLATFORM OR THROUGH THE SERVICES.
IN NO EVENT WILL OUR TALENT, ITS OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE TO THE USER FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH OUR TALENT, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT SCREEN THE SERVICES POSTED ON THE OUR TALENT, AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OUR TALENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER USERS OF OUR TALENT OR THE SERVICES, OR INTRODUCED TO YOU VIA OUR TALENT OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, THEFT, ROBBERY, LOSS, DAMAGE, COST, EXPENSES, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TALENT’S LIABILITY, AND THE LIABILITY ITS OFFICERS, DIRECTORS, EMPLOYEES, TO USERS OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO UP TO 10% OF THE VALUE OF THE SERVICE IN QUESTION OR RM100.00, WHICHEVER IS LESSER.
22. TERMINATION AND SUSPENSION
22.1 Our Talent reserves the right to terminate or suspend the User’s right to use the Platform and all its functions at Our Talent’s sole discretion without giving any reason notwithstanding the User may not have breached the terms and conditions. In the event that a User has breached any of the Terms and conditions, Our Talent may provide the User in breach with a written notification of such breach. Any reinstatement after termination/suspension shall be on such terms as decided by Our Talent.
22.2 Notwithstanding the fact that the User’s rights to use the App has been terminated or suspended, the Terms and Conditions shall be enforceable against the User.
22.3 Users may terminate their agreement as User by sending an email to [email protected] Upon such termination, we will remove the User’s information from our servers, though we may retain archived copy of records we have about the User as required by the law or for legitimate business purposes although the User’s right to use the Platform and all its functions has been terminated.
22.4 Without limiting other remedies, we may terminate User participation with notice, remove User’s information, warn Platform community of User’s actions, issue a warning, and refuse to provide our services to User if:
(i) User is in breach of this agreement or the documents it incorporates by reference;
(ii) we are unable to verify or authenticate any information User provides to us;
(iii) Our Talent believes that the User’s actions may cause financial loss or legal liability for Our Talent or other Users, or subject Our Talent or other Users to regulation by any state or local government or regulatory agency; or
(iv) if we suspect that the User has engaged in fraudulent activity in connection with the Platform or the services.
23. USER INDEMNITY
23.1 User shall, defend, indemnify, and hold Our Talent and its officer, directors and employees harmless against any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of the User’s use of the service, including:
(i) the User’s breach of this agreement or the documents it incorporates by reference;
(ii) the User’s violation of any law or the rights of a third party as a result of the User’s own interaction with such third party;
(iii) any allegation that any materials that the User’s submits to us or transmits to the services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
(iv) the User’s ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of deliveries to the Buyer; and/or
(v) any other activities in connection with the services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
24.1 Each party agrees and undertakes with the other to protect the Confidential Information of the other party using no less than reasonable care and shall ensure that the Confidential Information of the other party is stored and handled in such a way as to prevent unauthorized disclosure to any other third party.
24.2 Our Talent shall use its best efforts to limit dissemination of the Confidential Information to its holding or related companies’ employees, consultants, officers, agents or sub-contractors (hereinafter collectively referred as “Personnel”) to whom disclosure is necessary for each of them to perform their duties under this agreement. Our Talent shall impose the above obligation of confidentiality on their personnel. The Confidential Information received by one party from the other shall only be used for the purpose of this agreement and not for any other purpose.
24.3 The foregoing obligations shall not apply, however, to any part of the Confidential Information which: –
(a) was already in the public domain or becomes so through no fault of the party receiving the Confidential Information (“Receiving Party”); or
(b) independently developed by the Receiving Party; or
(c) approved for released by prior written authorisation by the party disclosing the Confidential Information; or
(d) is required by law or statutory authority to be disclosed.
24.4 These obligations of confidentiality shall survive the expiration or termination of the User’s registration for a period of three (3) years from date of termination or expiration whichever occurs first.
25. PERSONAL DATA PROTECTION
Our Talent shall at all times observe and comply with the Personal Data Protection Act 2010 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice registered with or issued by the Personal Data Protection Commissioner (“Data Protection Legislation”). No parties shall perform its obligations under thie App in such a way as to cause the other to breach any of its applicable obligations under the Data Protection Legislation.
26.1 Nothing in the App or its terms will be construed as creating a partnership, or joint venture, principal and agency or relationship of an employer and employee between the parties.
26.2 If any provision in this agreement shall be declared invalid or illegal for any reason whatsoever, then, notwithstanding such invalidity or illegality, the remaining terms and conditions of this agreement shall remain in full force and effect in the same manner as if the invalid or illegal provision had not been contained herein.