1. INFORMATION ABOUT US & ACCEPTANCE OF TERMS
1.1. FBM CROWDTECH SDN. BHD. is a private limited company registered in Malaysia and is registered and regulated by the Securities Commission Malaysia ("SC") to operate a Peer-to-Peer Financing ("P2P") platform.
1.2. FBM CROWDTECH SDN. BHD. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and/or licensors ("ALIXCO" or the "Company" or " We/Our/Us") provides its services for Users in respect of operating P2P platform, web-hosting to facilitate P2P activity and/or other ancillary or support service to facilitate P2P activity (" Purpose"), subject to the following Terms of Service (the "Terms")stated herein.
1.3. In view of the above Purpose, ALIXCO does not in any way represent any Investors or Issuers, solicit investment, conduct any promotional ventures and/or fundraising appeal on behalf of Issuer, on our Services.
1.4. Please read the Terms set forth below, as they apply to your access and use of our Services, and any information, documents, text, graphics, photos and/or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the "Content"). Your access to and use of the Services signifies your acceptance of these Terms and you agree to be bound by them, any and all other applicable terms referenced herein as well as all applicable laws.
1.5. We are committed to best practice and insofar as commercially viable assess all applications by Issuers to create Campaign via our Services. We will endeavor to adhere to the standards and guidance of the relevant regulatory bodies in each country/market that we provide our Services currently and/or any other country/market, which we may provide our Services in the future.
1.6. You will not hold the Company responsible for others' content, actions or inactions. You acknowledge and understand that although the Company will endeavor to the best of its ability to conduct background checks and due diligence on Issuers/Investors to an extend as required under the SC Guideline (as define below) issued by SC, insofar as the information obtained from our background check and due diligence exercise on the Issuer, the Company have no control over and do not guarantee the quality, safety or legality of Campaigns promoted, and on the truth or accuracy of content, hostings, or ability to perform the stated objective.
3.1. The Services that we provide are always evolving. Therefore, in order to remain viable, contemporary and consistent with local laws, the terms, form and nature of the Services that we provide may change from time to time at our sole discretion and without prior notice to you, including the right to create limits on the use of any Services and/or storage .
3.2. We make no representations, warranties or guarantees, whether express or implied, that our Services or any content on our site is accurate, complete, up-to-date or free from errors or omissions.
4.1. In this Terms, the following expressions shall have the following meanings, unless specified otherwise:
"AML-ATF Laws " shall have the meaning set out in Clause 12.4 (a) herein;
"Angel Investor" refers to an investor that is accredited by the Malaysian Business Angels Network (MBAN) as an angel investor.
"Business Day" means a day except for Saturday, Sunday or public holiday (gazetted or un-gazetted and whether scheduled or unscheduled) on which banks and financial institutions are open for business in Kuala Lumpur and Selangor.
"Calendar Day" means all day in a month, including weekends and holidays in accordance with Gregorian Calendar.
"Campaign(s)" is an invitation created by an Issuer to Investor(s) by using our Services, which allows the investor to subscribe to Investment Note of an Issuer on the terms and condition specified on Campaign page, which has been formed in accordance with requirement set forth in applicable terms and conditions.
"Campaign Period" means the thirty (30) Calendar Days period beginning with the date on which the Campaign becomes live on the Services or such shorter or longer period as ALIXCO shall in its absolute discretion decide in writing with written or oral notice to Issuer;
"CMSA" means Capital Markets and Services Act 2007 and its amendments;
"Excluded Issuer" shall mean any legal entity, which is prohibited from raising funds through P2P, including our Services, pursuant to the SC Guideline.
"Peer-to-Peer Financing or P2P" is where an Issuer create Campaign to conduct fundraising activities from numerous Investors through an Investment Note on the terms and condition set by the Issuer and stipulated herein.
"Investment(s)" is any financial and/or monetary transaction made for the benefit of Campaign.
"Investment Note" means any contract or agreement executed or offered on our Services evidencing a monetary financing, where an Investor expects a financial return.
"Investor(s)" shall mean a User who is a natural person or a legal entity, which is using our Services to offer to subscribe to shares/equity issued by Issuer, including Sophisticated Investor, Angel Investor and Retail Investor.
"Issuer(s)" means any locally registered entity but excluding any Excluded Entity registered in Malaysia as well as its subsidiary, associate and/or related company.
"Material adverse change" means the following events:
(a) Discovery of false or misleading information in the Campaign;
(b) Discovery of material omission of information required to be included in Campaign; and/or
(c) There is a material change or development in the circumstances relating to Campaign.
"Sophisticated Investor" means any person who falls within any of the categories of investors set out in Part 1, Schedule 6 and 7 of the CMSA as follows:
(a) A company that is registered as a trust company under the Trust Companies Act 1949 which has assets under management exceeding RM10,000,000.00 or its equivalent in foreign currency;
(b) A corporation that is a public company under the Companies Act 1965 which is approved by the Securities Commission Malaysia to be a trustee under the CMSA and has assets under management exceeding RM10,000,000.00 or its equivalent in foreign currency;
(c) A corporation with total net assets exceeding RM10,000,000.00 or its equivalent in foreign currency based on the last audited accounts;
(d) A partnership with total net assets exceeding RM10,000,000.00 or its equivalent in foreign currency;
(e) An individual whose total net personal assets or total net joint assets with his or her spouse, exceeding RM3,000,000.00, or its equivalent in foreign currency, excluding the value of the individual's primary residence;
(f) An individual who has a gross annual income exceeding RM300,000.00 or its equivalent in foreign currency per annum in the preceding twelve months; or
(g) An individual who, jointly with his or her spouse, has a gross annual income exceeding RM400,000.00 or its equivalent in foreign currency per annum in the preceding twelve months;
"User(s)" means any natural person, team, co-operative society, club, business, partnership, institution, corporation, and/or other entity as well as its authorised representatives, who has accepted the Terms herein by using and/or registering to the Services and/or by investing to a Campaign, subject to acceptance and approval by ALIXCO.
"Payment Provider" means theentity that processes Investment.
"Payment Provider Fee" means any applicable transaction and/or accounting fees charged by Payment Provider(s), including but not limited to processing fees, foreign currency exchange fee, applicable tax rate and/or any fee effective at the material time.
"SC" means the Securities Commission Malaysia.
"Retail Investor" refers to any other Investors registered on our Service, who is not a Sophisticated Investor or Angel Investor.
"Repayment" means to the repayment made by the Issuer pursuant to the terms of the Investment Note.
"SC Guideline" Guidelines on Recognised Markets as issued by the SC pursuant to the Section 34 of Capital Markets and Services Act 2007 (CMSA) and its amendments from time to time.
"Services" means the services and platform we provide to achieve the Purpose as set out in Clause 1 above, including our various websites, webpages, APIs, email notifications, applications buttons and/or widgets;
"Trust Account" shall mean the account held by ALIXCO where any Investment(s) that are being held before such Investment(s) are paid/disbursed to the Issuer or refunded to Investor.
You are not eligible to use our Services if you are under 18 years of age. You are also not eligible to use the Services if you have previously been suspended from using the Services for any reason and we have not explicitly authorized you to resume using the Services. We reserve the right to refuse the use of the Services to anyone and to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability.
6. PAYMENT PROCESSING
6.1. All Investments made are processed by the Payment Provider(s) as made available by us from time to time.
6.2. The User of the Services is subject to and must adhere to the terms of the applicable Payment Providers' Terms of Service and other agreements relating to their Service transactions. ALIXCO P2P Finance is not affiliated with any Payment Provider, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. The same is true with respect to ALIXCO on the one hand and Users on the other hand. To the extent that the Service is rendered in conjunction with any other provider of services, the same shall also be true, namely that to the extent that a User of the Services hereunder does so in conjunction with the services of another service provider, such User will be subject to the other service provider's terms of service, and neither ALIXCO or the other service provider will be considered the agent or employee of the other, and neither will be responsible in any way for the actions or performance (or lack thereof) of the other. These Terms shall not in any way supersede the terms of any other service provider for using their service, nor shall the terms of service of any other service provider supersede the terms of the Terms with respect to the Services.
6.3. By using the Services, all Users agree to the Payment Provider withholding a service fee and making these fees available to the Company. For information on the service fees see the Fee Schedule section below.
7. FEE SCHEDULE
7.1. No fee is applicable when a User creates a user account.
7.2. In consideration of the Services provided by Alixco P2P Finance, the following fees are applicable:
Fee Applicable to Issuer
a) Due Dilligence Fee RM100.00 per company director (to assess an entity's credit risk and payment capability)
b) Hosting Fee - 2% up to 6% of the gross Investment amount, depending on risk grade, tenure and financing amount. The final fee applicable shall appear on the Services at the point of finalizing the Campaign.
Fee Applicable to Investor
a) Repayment Fee: 0.35% -2% of the gross repayment amount, charged on each repayment, only if repayment occurs, and
b) Payment Provider Fees
7.3. Unless specified otherwise, any fees imposed herein are exclusive of the applicable tax, (being 6% of the Service fees or any other applicable rate as prescribed under the law) or any other taxes, levies or duties which may be imposed by the government or any authority.
7.4. ALIXCO P2P Finance reserves the right to change/vary the Service Fee and/or any other fee applicable for any of our Services, from time to time without prior notice to the User. In the event there is a conflict between the Service fee stipulated in this Term and the applicable rate published and stipulated on our Services, the latter shall prevail.
7.5. The Payment Provider(s) payment-processing fee shall be based on the rate effective at the material time. Please refer to Payment Provider Terms of Service and applicable charges before performing any transaction.
7.6. ALIXCO, may deduct any Service Fee and/or other applicable fee described in Clause 7 herein, at its sole discretion, from the amount collected on behalf of the Issuer pursuant to these Terms. ALIXCO will transfer the Investment collected to the Issuer via Electronic Fund Transfer or any other suitable mode (at ALIXCO discretion) on or before the 28th Calendar Day after the last day of the following conditions are met:
a) Eighty (80%) of the total targeted amount sought to be raised by Issuer has been met;
b) There is no material adverse change relating to the Issuer's Campaign during the Campaign Period;
c) Any other terms and conditions applicable, which is required by SC and/or ALIXCO from time to time.
7.7. Investment(s) made by Investor(s) for the purpose of subscribing to shares in an Issuer(s) will be credited initially into a trust account(s) that ALIXCO maintain with a licensed financial institution in Malaysia. ALIXCO have the right to access the said trust account(s) and make payment(s) to the relevant Issuer in accordance with the terms herein.
7.8. Transfer pursuant to Clause 7.7 above shall be made to the Issuer nominated corporate bank accounts. Under no circumstances will funds raised be transferred to a personal bank account.
7.9. In respect of the third-party charges, in the event that there is an increase in the existing third-party charges, we shall have the right to revise the charges for future services accordingly at our sole discretion.
7.10. The Investee acknowledges that ancillary charges or fees, including legal fees, may be payable to third parties in connection with the investment, and acknowledges that such charges or fees are disassociated with these terms and does not form part of the Service Fee applicable. There may also be additional fees for any additional service and work carried out by ALIXCO upon request from Issuer.
7.11. ALIXCO reserve the right at its sole discretion to charge a one-off fee (excluding any tax applicable and/or processing fee charged by Payment Provider) in respect of administrative support provided by ALIXCO following the successful fundraising of a Campaign including but not limited to the completion of investment, communication with investors, and drawdown of investor funds (if applicable).
8. REFUND POLICY
8.1. No refund/cancellation for Investment through any mode of payment will be allowed after the disbursement (as stated in Clause 7.7 herein) for any Investor unless (1) the Campaign was unsuccessful to meet eighty (80%) its total target (2) Investor made a technical fault/error, such as transaction duplicity, data entry mistake or (3) any other circumstances the Company at its sole discretion deems fit. Any refund for Investment request must be made within six (6) Business Days from the date a Campaign is closed or before the Investment collected for which the Investment that is being refunded/cancelled was received is disbursed to the Issuer, otherwise ALIXCO will not process any refund/cancellation request, including the abovementioned event. In such circumstances, subject to Clause 8.2 herein, the Investor must request any partial or full refunds from the Issuer directly.
8.2. Issuer shall accept the sole responsibility to provide refunds to Investor at their own discretion. Save for Clause 8.1, ALIXCO will NOT be held liable for refunds or lack thereof. For avoidance of doubt all Investors understand and agree that save for what is stipulated in Clause 8.1, refunds will NOT be the responsibility of ALIXCO should the Investor decide to change their mind and withdraw their Investment for whatever reason(s), including but not limited to Issuers failure and/or omission to satisfy or fulfil what was agreed.
8.3. No reimbursement of Service fee shall be allowed, unless the refund request was made due to technical fault/error, such as transaction duplicity, data entry mistake or any other circumstances the Company at its sole discretion deems fit. In the event the Issuer is claiming reimbursement of the Service fee due to technical fault/error they must submit the request for the refund within six (6) Business Days from the date the closing of Campaign.
8.4. In the event the Campaign was not successful for any reason, including where the targeted amount sought to be raised by the Issuer was not achieved, or if the Investor's bid is unsuccessful and/or not accepted by the Issuer (whether due to oversubscription or otherwise), ALIXCO will refund the Investment sum paid by the unsuccessful Investor by crediting the refund into the bank account nominated by the Investor. No interest and/or Payment Provider fee shall be payable/refunded to Investors on any such refund.
9.1. The Company encourages User to consult with a licensed tax advisor from their local jurisdiction so that they understand and prepare for the tax obligations that they may incur from using our Service.
9.2. The Company shall not be held responsible for any action taken by tax authorities against User for your failure to comply with local/applicable tax laws. You also undertake to indemnify the Company for any loss or damages suffered by the Company if it is called upon by tax authorities to pay or be responsible for tax or returns that the User is responsible for.
10. MAKING AN INVESTMENT
10.1. Investors shall be entitled to place revocable orders to the Issuer through the Campaign throughout the Campaign Period ending on earlier period if:
(a) the Investee reaching its target investment amount (including any overfunding) as set out in its Campaign;
(b) the date upon which the Issuer terminates its Campaign in accordance with the terms and conditions applicable to use our Services.
10.2. Subject to clause 10.3 below, if the Campaign is successful, when the Investor places an order, the Investor has demonstrated the Investor's intention to enter into an agreement with the Issuer, or a third party on behalf of the Issuer, to transfer the Investment sum for such order.
10.3. If the Campaign is not successful, the agreement between the Investor and the Issuer shall not be executed/concluded.
10.4. If a Campaign is successful, the Issuer will instruct ALIXCO to circulate a copy of the Issuer's proposed legal instrument to each Investor by email. If ALIXCO receives no response from the Investor within the 6 Business Day period, the Investor be deemed to have confirmed his order and his order will become an irrevocable and a binding legal contract will be formed between each and every Investor and the Issuer.
10.5. If the Campaign is unsuccessful or the order not completed for any reason, the Investor's order will be cancelled (with or without notice) and the Investor may re-invest the amount into another Campaign or Issuer.
10.6. If the Issuer does not attain the stated target investment as set out in its Campaign, through withdrawals after the expiry of the Offer Period, or failure by Investors to transfer the Investment sum to the Issuer, neither the Issuer nor ALIXCO is required to inform the Investors of this failure. If the Issuer ultimately attains less than 80% of the desired target level of investment as set out in its Campaign, the Issuer shall cancel the investment made by the Investors and return the Investment sum to the Investors (if any monies have been transferred), and shall liaise with ALIXCO throughout. The Issuer consents to ALIXCO releasing such information as is reasonably necessary, to the Investors and to communicate with them to allow cancellation of investments and such return of the invested sum.
11. ACCESSING OUR SERVICES
11.1. ALIXCO will use commercially reasonable efforts to make our Services available to our Users without any interruption. However, as our Services are also dependent on other third-party service provider, including but not limited to web service provider and Payment Provider(s), we do not guarantee that our Services, or any content, will always be available or be uninterrupted, especially when our third-party service provider is the cause of the interruption. As such, we will not be liable to you if for any reason our Services are unavailable at any time or for any period. Unless specified or agreed otherwise, we also reserve the right to suspend, withdraw, discontinue or change any part of our Services without prior notice.
11.2. You are responsible for making all arrangements necessary for you to have access to our Services.
11.3. You are also responsible for ensuring that all persons who access our Services through your internet connection or account are aware of these Terms and other applicable terms and conditions, and that they comply with them. .
12. PROHIBITED USE
12.1. Users are specifically prohibited from any activities that violate the Payment Provider(s) Terms of Service and/or any other relevant third-party Terms of Service. Users are not allowed to act in any way that violates national, regional and local laws related to online commerce and transactions. In particular, by example and not limiting the definition in any way, unless permitted by applicable laws and subject to our approval, Users cannot run online contests, illegal deposit taking, interest-based investment scheme, or any other form of restricted financial activity using our Services.
12.2. You are strictly prohibited from using the Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering, and/or terrorist financing.
12.3. In the event of the above, we reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate Users, and to reclaim usernames without any liability to us.
12.4. The User also represents that:
a) Neither the User nor, to the User's knowledge, that any of the funds, money, and/or financial transaction made and/or received by using our Services is in violation in any material respects of any local law relating to terrorism financing, sanctions or money laundering (" AML-ATF Laws").
b) Neither the User nor, to the User's knowledge, that they themselves, the Issuer, and/or the Investors (i) commits, threatens or conspires to commit or supports activities contrary to any AML-ATF Laws (ii) is owned or controlled by, or acting for or on behalf of, any person who commits, threatens or conspires to commit or supports activities contrary to any AML-ATF Laws.
c) Neither the User nor, to the User's knowledge, that they themselves the Issuer, and/or the Investor (i) conducts any business or engages in making or receiving any contribution of funds, goods or services to or for the benefit of any person or through person prohibited under AML-ATF Law, (ii) deals in, or otherwise engages in any transactions relating to, any property or interests in property blocked pursuant to the AML-ATF Laws or (iii) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any AML-ATF Laws.
12.5. The Company, reserves the right, at our sole discretion, to revoke the Users access to the Services and take necessary steps including taking down the Campaign or retain any Investment, and/or report to relevant authorities if it is discovered or there is reason to believe that you have failed to comply with or make any misrepresentation pertaining to the paragraphs above or any terms herein.
13. ACCOUNT AND PASSWORD
13.1. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. ALIXCO cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
13.2. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
14.1. All intellectual property rights subsisting in respect of the Services belong to ALIXCO or have been lawfully licensed to ALIXCO for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted and/or all rights reserved under applicable laws.
14.2. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us (" Feedback") in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback
15.1. You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
15.2. You agree that this license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with ALIXCO for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
15.3. Such additional uses by ALIXCO or other companies, organizations or individuals who partner with ALIXCO may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
15.4. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
15.5. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. ALIXCO will not be responsible or liable for any use of your Content by ALIXCO in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
16. LIMITED LIABILITY AND WARRANTY
16.1. Your access to and use of our services is at your sole risk and is provided "as is," "as available." the services are for Users, Issuers and/or Investors only and the Company make no representation or warranty of any kind, express or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose or non-infringement.
16.2. The entire liability of the Company and Users, Issuers and/or Investors exclusive remedy with respect to the services or otherwise, is re-performance of defective services. In jurisdictions, which do not allow the exclusion or limitation of certain types of liability, our liability will be limited to the maximum extent permitted by law. We do not endorse, warrant or guarantee any material, product or service offered through our Services or us. We are not and will not be a party to any transaction between Users, Issuers and/or Investors and any third-party.
d) that its Services is invulnerable to any fraud, dishonest conduct, money laundering or illegal activities of any User or third party including, without limiting to security breaches, hacking or any unauthorised access;
16.4. Without limiting the generality of the foregoing, in no event will ALIXCO be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business, profit, goodwill or reputation arising out of any use, or inability to use, the information or the services, even if ALIXCO has been advised of the possibility of such loss or damages.
16.5. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements
16.6. Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms or otherwise, you are advised to contact us at email@example.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.
17.1. You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising out of information you submit, post, transmit or make available through the Services, from your breach of any of these Terms, your use of the Services and/or in connection thereof.
18.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
18.3. Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third-party, for the content or accuracy of any content posted by you or any other user of our site.
18.4. The views expressed by other Users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
18.5. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
19.1. ALIXCO respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
19.2. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is firstname.lastname@example.org
20.1. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without any liability to us. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, money laundering, illegal activities, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ALIXCO, its users and the public.
20.2. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
20.3. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, ALIXCO's computer systems, or the technical delivery systems of ALIXCO's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
20.4. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
21. LINKING TO US
21.1. You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice and take active steps to remove such linking.
22.1. The links from the Services may take you to other sites or services and you acknowledge and agree that ALIXCO has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.
22.2. Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.
22.3. We reserve the absolute discretion to remove any third-party link or any other type of link without any prior notice or compensation.
The illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
24. FORCE MAJEURE
The Company shall NOT be liable to User for non-performance or delay in performance of any of its obligations under this Agreement resulting from any act of God, flood, fire, war, riot, civil commotion, natural catastrophe, strike, act of government, change of law, or any supervening event of whatsoever nature beyond the reasonable control of the Company.
25. SEVERAL USERS
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
The Terms will continue to apply until terminated by either us as follows:
27.1. You may deactivate your accounts and discontinuing your use of the Services by sending an email to email@example.com. However, deactivation of your account does not amount to us wavering our legal rights to take any action against you for any loss and damages suffered as a result of your breach of any of the terms and conditions applicable to you.
27.2. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
27.3. In all such cases, any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
28. GOVERNING LAW AND JURISDICTION
These Terms and other applicable terms shall be governed by Malaysian law. You agree to submit to the exclusive jurisdiction of the Malaysian courts.
This agreement is drafted in the English language. If this agreement is translated into any other language, the English language version shall prevail.
30. COMMUNICATION & COMPLAIN
30.1. Users address any communication or complaint to us in writing at:
Level 15, Menara Darussalam,
Grand Hyatt, KLCC,
No.12, Jalan Pinang,
50450 Kuala Lumpur, Malaysia
Phone: +603 2178 6367
30.2. Any communication or complaint shall be deemed to have been received if delivered by hand, on signature of an Acknowledgement Receipt (AR), or if sent by email, at 9.00 am on the next Business Day after transmission, or otherwise at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.
30.3. All complaints will be referred to our oversight body, which consists of our Member of Board of Directors, Chief Executive Officer, and/or such person(s) deemed appropriate by ALIXCO to be part of the oversight body.
30.4. If Users remains dissatisfied with our response to their complaint, they may refer the dispute to SC by contacting:
CONSUMER & INVESTOR OFFICE
Securities Commission Malaysia
No 3 Persiaran Bukit Kiara
50490 Kuala Lumpur
Tel: 603 6204 8999
Fax: 603 6204 8991
30.5. If the dispute remains unresolved, the parties may choose to settle the dispute through mediation or arbitration administered by the Kuala Lumpur Regional Centre for Arbitration before bringing the matter to Court of appropriate jurisdiction.