Terms And Conditions

Updated as of 2023 / 01 / 31

DASS CITY HOLDINGS SDN BDH

TERMS AND CONDITIONS OF USE

GENERAL INFORMATION

DASS CITY – the digital marketplace of virtual items for online games. Before You use our marketplace, please read the following Terms and Conditions of Use (hereinafter referred also to as “Terms”, “Terms of Use”) carefully. By using DASS CITY, You fully signify your agreement to these Terms and You shall be bound by the same. If You do not agree to any of these Terms, do not use the marketplace and immediately stop your visit of the Website.

The Terms, and all schedules and appendices attached or referred hereto, if any, is an agreement between You and DASS CITY HOLDINGS SDN. BHD., company duly registered in Malaysia under No. 202201041191 (1486888-W) having its registered address at A0936, Block A, Residensi Rimbun, Jalan Zamrud Utama, 43000 Kajang Selangor Malaysia (“DASS CITY”, “Company”, “we”, “us”, or “our”). 

The Services of DASS CITY are intended for and may only be used by individuals who are under 18 years and older who can form and sign legally binding contracts under applicable law. 

The Terms shall govern:

  • the provision of DASS CITY Services (as defined hereinafter); and
  • your use of DASS CITY digital marketplace.

ast updated:20.10.2022

  1. DEFINITIONS. TERMS & CONDITIONS ACCEPTANCE

1.1. Here in the following definitions are used:

“DASS CITY” or the “Company” or the “Website Owner”– means DASS CITY HOLDINGS SDN BDH, company duly registered in Malaysia under No. 202201041191 (1486888­W), as well as any its affiliates and/or subsidiaries;

“You” or “User” means a person, who uses the Website, DASS CITY digital marketplace, and/ or Services;

“Website” means the website: https://dasscityholdings.com/  

“Services” means services provided by the Company through the Website;

“Item” means digital or Blockchain-based items, NFT that exist in digital form and designated for use in games or otherwise utilized, or have a memorable and collectible nature and properties or which value is inherently subjective.

1.2. These Terms of Use (hereinafter referred to as the “Terms”), including any and all accompanying documents, constitute a legally binding agreement between You and DASS CITY. You must carefully read and comply with these Terms.

1.3. By using the Website, You are confirming that You have fully read, understood and irrevocably accepted these Terms. If You do not agree with these Terms in general or any part of them, You are not permitted to use the Website and any associated Services.

 

  1. GENERAL PROVISIONS

2.1. These Terms and any accompanying documents are effective and binding on You whenever You use the Website.

2.2. You acknowledge and accept that these Terms and any accompanying documents and/or the Website are subject to change, modifications, amendments, alterations or supplements at any time without prior written notice, at DASS CITY’s sole discretion. Your continued use of the Website after any amendments or alterations of these Terms, any accompanying documents and/or the Website shall constitute Your consent and acceptance of any such changes, modifications, amendments, alternations or supplements. The date of the most recent amendments and alterations will be indicated at the top of these Terms.

2.3. You acknowledge and accept that the Website Owner reserves the right at any time, in its sole and complete discretion, to modify or to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website for any reason.

2.4. By using the Website, You covenant, represent, and warrant that (under the Applicable Law and law of Your country of residence) You are of an age of majority in the jurisdiction where You are a resident (at least 18 years of age), and are fully able and legally competent to use the Website, and in doing so will not violate any other agreement to which You are a party.

2.5. By using the Website, You also covenant, represent, and warrant that (under the Applicable Law and law of Your country of residence):

  • You have all necessary and relevant experience and knowledge to deal with Digital Items and/or blockchain-based systems, have a full understanding of their framework, are aware of all the merits, risks and any restrictions associated with digital and cryptographic assets (including their purchase and use) and blockchain-based systems, as well as the necessary and relevant expertise and knowledge to purchase, use and manage them, and are solely responsible for any evaluations based on such knowledge;
  • if You are a corporation, governmental organization or other legal entity, You have the right, power and authority to act on behalf of such corporation, governmental organization or other legal entity and bind them to these Terms;
  • You will not use the Website for any illegal activity and You are not engaged in any illegal activity;
  • You solely control Your credentials (email address, password or other information provided for the purpose of the Website use) and do not act on behalf of any third party.

2.6. The pages of the Website may contain services of the Company’s partners, vendors, game developers, etc. and/or links to or from third-party websites and services. Such services and/or links are provided for Your convenience, but the Website Owner shall not be considered to make any recommendation or endorsement of any third party website or its content, unless expressly stated by the Website Owner. The Website Owner does not guarantee or otherwise suggest or imply the safety of any third party website or the conformity of any such third party website with Your expectations. Furthermore, the Website Owner is not responsible for maintaining any materials referenced to or from another site, and makes no warranties, recommendation or endorsement for that site or respective service. The Website Owner assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and resources. Please also note that these services may have their own policies (including respective privacy policies). We do not accept any responsibility or liability for these policies. Please check policies of such services before using these services. If You use any third party websites or services, You should read and follow their respective policies. If there are discrepancies between such third party policies and any of the Website Owner’s policies, Website Owner’s policies shall prevail.

 

  1. USER’S WEBSITE REGISTRATION AND ACCOUNT

3.1. For the purpose of proper use of the Website, You should sign up on the Website and create an individual account (the “Account”) with Your respective login and password. You are given access to an Account following Your provision of all information required by the Website Owner, authorization by the Website Owner and upon Your successful creation of an Account. You warrant that any and all information provided for the purpose of Your Account creation and/or any other Website use is valid, current, complete and accurate. Registration data and other information about You is subject to the accompanying Privacy Policy available on the Website.

3.2. You can sign up or log in and have further access to DASS CITY Account by one of the following means via Your email and password.

3.6. DASS CITY reserves its right to prohibit without any compensations or explanations access to the Website and/or Services of any residents: (a) from a country or territory that is the target of United States economic or trade sanctions, as defined at https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx; (b) identified on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons (https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx), the U.S. Commerce Department’s Denied Person List (https://www.bis.doc.gov/index.php/the-denied-persons-list), the EU Consolidated List of Persons, or similar lists of sanctioned persons (https://eeas.europa.eu/headquarters/headquarters-homepage_en/8442/Consolidated%20list%20of%20sanctions); (c) acting for or on behalf of any person on the above-identified lists or the government of a country or territory that is the target of United States economic or trade sanctions; (d) being subject to any other UN-, US-, EU-, CH- or any other sovereign country sanctions or embargoes or have any other affiliation to such sanctions; (e) or persons from the Russian Federation and/or the Republic of Belarus.

3.7. You hereby expressly consent that You are solely responsible for the use of Your login and password for the Account, for any registration data provided for Account creation, and for any actions done during any use of Your Account. You agree to keep Your login information and password private and to immediately notify the Website Owner of any unauthorized Account activity. You may be aware of and modify Your login information respectively. You are solely responsible for any loss or damage You or the Website Owner may suffer as a result of Your failure to do so.

3.8. You may deactivate Your registration with the Website at any time by sending respective request in the contact form on the Website. We may terminate Your use of and registration with the Website or freeze any transactions on the Website at any time if You violate these Terms or any other DASS CITY market policies, at our sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to You or any other party, when we find such measures reasonable and/or necessary in a particular situation, without any refunds.

3.9. By creating an Account, You also consent to receive electronic communications from Website Owner (e.g., via email). These communications may include notices about Your Account (e.g., password changes and other transactional information) and are part of Your relationship with the Company. You agree that any notices, agreements, disclosures or other communications that We send to You electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information We think will be of interest to You. You may opt out of receiving these promotional emails at any time by following the respective unsubscribe instructions.

3.10. If You are not signing-in or logging-in into Your Account within 12 consequent months, the Website Owner may suspend Your Account without any liability or further obligation of any kind whatsoever to You or any other party. Within 6 months from the date Your Account was suspended, You can request to unsuspend Your Account by sending respective request in the contact form on the Website. If You are not signing-in or logging-in into Your Account within 18 consequent months and You haven’t requested to unsuspend Your Account within the given term, the Website Owner may terminate Your Account/registration with the Website with no option to restore it, without any liability or further obligation of any kind whatsoever to You or any other party and without any refunds.

3.11. To ensure the seamless access and availability of its Services to all Users of the Website, the Website Owner applies the following fair use policy to all the Website Users (“Fair Use Policy”). When the Website Owner reasonably considers that Your use of the Services is unfair, including but not limited to, exceeds the average usage, cause significant network congestion, disruption or is fraudulent, or suspicious, or a non-ordinary use, or any otherwise adversely affect the Services or the work of the Website, the Website Owner may, at its sole discretion, without notifying You in advance and without any liability to You, suspend or limit Your usage of the Service or any volume, or feature of it. The Company reserves the right to amend the terms of this Fair Use Policy from time to time. You hereby expressly acknowledge and accept the Company’s Fair Use Policy.

3.12. The purchase of certain products may also require You to agree to one or more End-User License Agreements (or “EULAs“) that may include additional terms set by the product supplier rather than by Us or any service provider or any Payment processors. You will be bound by any EULA that You agree to.

3.13. We and/or Users/entities that sell products on Our Website are primarily responsible for warranty, maintenance, technical or product support services for those products within the limits, set forth by these Terms and the respective functionality purpose of these products. Payment processor is primarily responsible for facilitating Your payment.

3.14. Where possible, we will work with You and/or any User selling on Website, to resolve any disputes arising from Your purchase, including but not limited to, unsuccessful account balance deposit.For customer service inquiries or disputes, You may contact us via email at info@dasscityholdings.com and through the Website Owner’s contact form on the Website.

 

  1. PAYMENTS AND FEES

4.1. You acknowledge that for each purchase and sale transaction performed on the Website fees may be applied, which can be from 0 to 9 percent of the total transaction volume, depending on the terms of the mutual arrangement between Users. Considering that, the exchange operations are the operations of sale and purchase of Items on the Website, the respective fees may be applied from time to time for each of such respective sale and purchase transaction.

4.2. Our fees and commissions are payable on demand and may not exceed 50 (fifty) percent of the cost of each specific Item. You authorize us to deduct them from sums paid for the Item. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by You. You are responsible for any third-party fees that You may incur when using the Services or buying any Items.

4.3. DASS CITY is entitled to use third-party payment service processors for purchase, sale or exchange of Items by Users. The respective third-party payment processor is primarily responsible for facilitating payment of User’s transactions. When You use any third-party payment processor (the “Payment processor”) to make a purchase, sale or exchange of In-game items on the Website, responsibility over Your transaction will first be transferred to the respective Payment processor before it is delivered to You. The Payment processor assumes primary responsibility for payment and payment-related customer support. The terms between the Payment processor and Users who utilize the services offered by the Payment processor are governed by separate agreements and are not subject to the Terms on this Website.

4.4. For transactions made through a Payment processor (i) the privacy policy of the respective Payment processor shall apply to all payments and should be reviewed before making any transaction, and (ii) the Payment processor refund policy shall apply to all payments, unless notice is expressly provided by the relevant Payment processor to Users in advance.

4.5. You are responsible for payment of any fees, taxes or other costs, associated with the conduction of transactions with Payment processors or the duties and taxes imposed by Your local authorities. The respective charged amounts shall be indicated on the respective payment page of Payment processor. You acknowledge and agree that DASS CITY has an obligation to collect any tax on purchases and that may not report tax collected to You.

4.6. The list of available Payment processors shall be solely defined by DASS CITY and indicated on the Website.

4.7. Any User demanding settlement through one of the Payment processors agrees thereby for the payment to be made through websites covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites. To the extent permitted by law, DASS CITY shall not be liable against the Users for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User shall contact the applicable Payment processor’s site in accordance with that website’s terms and conditions.

4.8. For the purpose of duly transactions performance on the Website the Users shall provide their personal and payment processing data (such as name, surname, address, copies of ID cards or other identifying documents, residence place confirmation documents, credit card identification data) to the Payment processors, including the consent for processing these data by the payment services in order to carry out the requested transactions.

4.9. You are responsible for providing DASS CITY and/or the respective Payment processor with valid and accurate information for making and receiving payments in compliance with the Privacy Policy of DASS CITY and the respective Payment processor.

4.10. DASS CITY accepts no liability and specifically disclaims any implied warranty to complete any transaction which cannot be cleared by its Payment processors, whether because there are not sufficient funds available on Your credit card, issues related to identity or localization or otherwise. DASS CITY reserves its right to verify and approve any and all transactions made by You when using the Service to ensure that they comply with this Terms and the terms imposed on the Website Owner by third party service providers. You expressly acknowledge and agree that such verifications may require You to provide Website Owner with additional personal information in order to verify and confirm Your identity and to perform verifications aimed to deter fraud and misuse of the Service, in compliance with the Website Owner’s Privacy Policy. Website Owner may suspend Your Account and contact You so You can provide the Website Owner with additional information required to process the respective payments. Such suspension shall not relieve You from Your obligation to pay any fees incurred due to processing of transactions.

4.11. The payment transactions may be delayed while the Payment processor validates Your compliance with these Terms and other applicable policies. You agree not to initiate any claim and dispute procedure with third parties regarding payment and receipt of Items.

4.12. DASS CITY or respective Payment processors are entitled to set forth the maximum daily transactions limitations on the Website due to regulatory issues. By using the Website You expressly agree with such limitations.

  1. REFUND POLICY

5.1. There are no refunds when we terminate Your use of and registration with the Website or freeze any transactions if You violate these Terms or any other DASS CITY policies.

5.2. DASS CITY does not assume any liability and does not refund with regard to any transactions on purchase, sale or exchange of Items on the Website.

5.3. Before making any transaction on deposit or withdrawal You should review the Payment processor’s refund policy which shall apply to all payments through such Payment processor.

5.4. Any fees and transaction commissions paid by the Users are non-refundable and non-returnable. Due to the commission being non-refundable and non-returnable, a User is not entitled to claim any compensation from DASS CITY.

5.5. If a User’s Account is terminated or suspended by DASS CITY, any balance on said User’s account may be forfeited.

 

  1. OBLIGATIONS CONCERNING TRANSACTIONS PERFORMED THROUGH THE WEBSITE

6.1. The Website is not an online shop, but merely an online platform where Users may conduct transactions with In-game items between them and/or with automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users.

6.2. Any offers and sales of Items performed through the Website are made between the respective selling and purchasing Users and/or automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users, while DASS CITY only facilitates such transactions by means of establishing and maintaining the Website’s functionalities, lists automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users and provides certain additional services to the Users aimed at improving safety, speed and certainty of the transactions.

6.3. Any conditions specific for transactions and contracts being concluded between Users and/or automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users concerning selling, purchase or exchange of Items through the Website are determined, selected and agreed by the Users. In any case DASS CITY does not acquire any ownership or any other proprietary rights concerning the objects of transactions on the Website.

6.4. Users are personally responsible for observing and agreeing to all the terms and conditions of transactions conducted on, via the Website and as a result of using the Service. The Website Owner is not a party to any agreement or legal relations between the Users and/or between automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users performing transactions on the Website. Specifically, the Website Owner is not a party to any act of sale, purchase or exchange and is not liable as such, and not liable for failure to perform or improper performance of any commitments of the Users and/or of automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users.

6.5. The Users, purchasing or exchanging Items from selling (exchanging) Users or automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users through the Service confirm that they are not VAT taxpayers. When such Users become or already are the VAT taxpayers, they are obliged to notify the selling (exchanging) User respectively and provide the latter with all the data required to issue a VAT invoice.

6.6. The Users selling or exchanging Items through the Website hereby agree and acknowledge that they are solely responsible for paying any applicable VAT or similar tax liabilities in compliance with the applicable laws, resulting from the sale or exchange of In-game items to purchasing Users or to automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users made through the Website.

6.7. The Users are particularly responsible for paying any due taxes (including VAT from sale or exchange of Items through the Service), fees or other due amounts required in connection with the agreements they have concluded between each other and/or between automated expert system software that uses various programming techniques and mechanisms that facilitate the trade between Users (including issuing any invoices and provision of any reporting documentation). The Website Owner in any case is not liable for settling above fees and taxes and for any filing obligations of the Users.

 

  1. INDEMNIFICATION

7.1. To the extent permitted by Applicable Law, You shall indemnify, defend, and hold the Website Owner and/or its subsidiaries, affiliates, directors, officers, employees, agents, successors, and permitted assignees harmless from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by any third party against the Website Owner arising out of a breach of any warranty, representation, or obligation hereunder.

7.2. You shall not have any claim of any nature whatsoever against the Website Owner for any failure by the Website Owner to carry out any of its obligations under these Terms as a result of causes beyond its control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, hacker attacks on the Website or any resources which have any relation to DASS CITY, any economic instability, any advances in quantum computing or cryptography that impact Blockchain immutability, any malfunction, breakdown or abandonment of Blockchain-based protocols, accidents of any kind, any default or delay by any sub-contractor or supplier of ours, riot, any political or civil disturbances, the elements, by an act of state or government including regulatory action imposed, any delay in securing any permit, consent or approval required by the Website Owner, for the supply of products under these Terms or any other authority or any other cause whatsoever beyond our absolute and direct control.

 

  1. LIMITATION OF LIABILITY

8.1. You hereby expressly agree that, to the maximum extent permitted by the Applicable Law, neither the Website Owner nor its affiliates shall be liable to You, regardless of the basis or theory upon which the liability is claimed, for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from:

  • the use of, inability to use, or availability or unavailability of the Website or the material, information, software, facilities, services or content on the Website;
  • any illegal or unauthorized use of the Website;
  • Your purchase of DMT funds or Your use of them;
  • any change of the value of DMT funds, any other currency, cryptocurrency or virtual currency;
  • any illegal or unauthorized use of the Website or purchase or use of DMT funds;
  • the resale or exchange or attempted resale or exchange of DMT funds for any fiat currency or asset;
  • the product failing to be suitable for the special or particular purpose You intend, or the failure of any services on or related to the Website, including assets or platforms or the information, images or audio contained or related to the Website; and
  • the Website being infected with any malicious code or viruses.

8.2. You understand and agree that it is Your obligation to ensure compliance with any legislation relevant to Your country of domicile concerning Your use of the Website.

8.3. The Website owner does not warrant or represent that any information on the Website is accurate or reliable or that the Website will be free of errors or viruses, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components. Your use of the Website and its services, assets or platforms, and any information, images or audio contained or related to the Website is at Your own risk.

8.4. If Applicable Law or the law of Your country of residence does not permit all or any part of the above limitation of liability or exclusion of warranties or disclaimer of implied terms in contracts to apply to You, the limitations, exclusions and disclaimers will apply to You only to the extent permitted by Applicable Law.

8.5. It is possible that due to a number of reasons outside of the Website Owner’s control, including but not limited to, changes in regulatory or intellectual property law, technological advancements, social or economic reforms, the failure of commercial relationships, or the malfunction, breakdown or abandonment of DASS CITY, Blockchain-based technology, and other related technologies may dissolve, disappear, be abandoned or otherwise no longer operate, or operate with material impairments.

8.6. The Website is currently under development and may undergo significant changes. Any expectations regarding the form and functionality of the Website held by You may not be met for a number of reasons including a change in the design and implementation plans and execution of the implementation of the Website.

8.7. Despite Website Owner’s good faith efforts to exclude any viruses from the Website and secure the network and technologies interacting with the Website, it is possible that one or more third-parties can or will introduce malicious code or other viruses into the open-source software and code underlying the Website and/or create, undercover or exploit weaknesses in the security of the cloud-based services used by the Website Owner. Such events may impact the continued development, deployment or operation of the Website.

8.8. There are risks associated with using the Website, including, but not limited to, the failure of hardware, software and Internet connections. The Website Owner is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself, nor for any disruption, distortion or delay in its delivery or receipt, however so caused.

8.9. Security measures have been implemented to ensure the safety and integrity of any of the services related to the Website. However, despite this, You acknowledge that information that is transmitted over the internet or Blockchain may be susceptible to unlawful access and monitoring.

 

  1. INTELLECTUAL PROPERTY RIGHTS

9.1. Any trademarks, logos, skins, artworks and other objects of intellectual property (either registered or unregistered), represented on the Website, belong to their respective owners and there are no implied licenses to use them, unless otherwise stipulated by the respective owners. The mentioned objects may not be copied or imitated in whole or in part, without the permission of the applicable owner. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by the Website Owner. Thus, the Website Owner accepts no responsibility or liability whatsoever with regard to the information (including images, logos, skins, trademarks, slogans, etc.) about its activities or about third parties’ activities published on this Website.

9.2. The DASS CITY logo and any DASS CITY product or service names, logos or slogans that may appear on the Website or service are trademarks of the Website Owner or our affiliates and may not be copied, imitated or used, in whole or in part, without Our prior written permission. You may not use any metatags or other “hidden text” utilizing “DASS CITY” or any other name, trademark or product or service name of us or our affiliates without our prior written permission. In addition, the look and feel of the Website and its content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of the Website Owner and may not be copied, imitated or used, in whole or in part, without our prior written permission.

 

  1. MISCELLANEOUS

10.1. Termination and Suspension. Notwithstanding anything contained herein, the Website Owner reserves the right, without notice and in its sole discretion, to terminate these Terms, suspend Your right to access the Website, and delete or deactivate Your Account or Subscription and all related information and files in such Account or Subscription without liability to You, including (but not limited to) in case of Your breach of these Terms or if the Website Owner believes You have committed fraud, negligence or other misconduct. You may terminate these Terms without notice by discontinuing use of the Website. All rights granted to You under these Terms will immediately be revoked upon the Website Owner’s termination of these Terms or suspension of Your access to the Website. In the event of any Force Majeure Event (as defined in “Miscellaneous” Section), breach of this Agreement, or any other event that would make the provision of services commercially unreasonable, the Website Owner may, in its discretion and without liability to You, with or without prior notice, suspend Your access to all or a portion of its services or the Website.

10.2. Assignment. The Website Owner may, at its sole discretion, assign any of its rights and/or delegate its duties (including, but not limited any and all intellectual property rights for all the intellectual property rights objects created during or referring to the Website) to any third party at any time. You may not assign Your rights or delegate Your duties as Website User and any assignment or delegation without the previous written consent of the Website Owner shall be null and void.

10.3. Communication and Notices. Any communication concerning these Terms execution and/or violation should be conducted only via Your email and through the Website Owner’s contact form on the Website. Your official email for communication shall be deemed the email specified by You during the Account registration process. The one and only language of the communication shall be English. The Website Owner may provide any notice to You under this Agreement by: (i) posting a notice on the Website; or (ii) sending an email to the email address then associated with Your Account. Notices the Website Owner provides by posting on the Website will be effective upon posting and notices Website Owner provides by email will be effective when such email is sent. It is Your responsibility to keep Your email address current. You will be deemed to have received any email sent to the email address then associated with Your account when Website Owner sends such email, whether or not You actually receive or read the email.

10.4. Further Assistance. You shall cooperate with and assist the Website Owner in connection with any investigation, examination or enquiry by any government entity. You shall promptly provide the Website Owner with any documents, certification, record or other information it may request in connection with such investigation, examination or enquiry.

10.5. Force Majeure Events. Website Owner shall not be liable for any loss or damage arising from any event beyond its reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond its reasonable control (each, a “Force Majeure Event“).

10.6. Applicable Law. All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the laws of Malaysia. To resolve any dispute, controversy or claim between them arising out of or relating to these Terms, or the breach thereof, the parties agree first to negotiate in good faith for a period of not less than sixty (60) days following written notification of such controversy or claim to the other party. If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all parties during such period, then the parties hereby irrevocably and unconditionally agree to submit the respective claim to jurisdiction of the state courts of Malaysia.  The substantive law shall be the Applicable Law (including all other operating rules, policies, and procedures that may be issued by the Website Owner and published from time to time on the Website), without regard to conflict of law rules or principles. The language of the proceeding shall be English.

 

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Intellectual property notification: This document belongs to the Website Owner and is protected by copyright laws. It’s copying and/or use by any third party in full or in part without prior written consent of the the Website Owner is strictly prohibited.

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