END USER LICENSE AGREEMENT



This Agreement is a contract between you and 8uzzMy Entertainment Technologies Sdn. Bhd. (1319249-X) (hereinafter referred to as “8uzzMy”) and governs your use of all 8uzzMy Services, which is regarded as a collection agency under Malaysia law. Using 8uzzMy Services means that you must accept all of the terms and conditions contained in this Agreement including the Privacy Policy. You should read all of these terms carefully.

We may amend this Agreement at any time by posting a revised version on our Website hereinmentioned. The revised version will be effective at the time we post it. If the revised version includes a Substantial Change, we will provide you with 30 days prior notice of any Substantial Change via email. For the avoidance of doubt, posting of the Substantial Change on the Website shall constitute an effective delivery of the Substantial Change to the Merchant.

We may close, suspend, or limit your access to your Account if you violate this Agreement or any other agreement you enter into with 8uzzMy.

You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of 8uzzMy Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

This Agreement is not a solicitation of 8uzzMy Services and 8uzzMy is not targeting any country or market through this Agreement.

NOW IT IS HEREBY AGREED:



1. DEFINITIONS AND INTERPRETATION

1.1 “1-Month Unlimited” means a fixed fee pricing plan that offers you unlimited usage of 8uzzMy Services within a period of 30 days.

“Agreement” means this Agreement and the Privacy Policy including all amendments and modifications mutually agreed in writing by the Parties from time to time.

“8uzzMy" "we," "us" or "our” means 8uzzMy Entertainment Technologies Sdn. Bhd. (1319249-X ), a company incorporated in Malaysia and having its principal place of business at 12a, Lorong PJU 7/8e, Mutiara Damansara, 47810 Petaling Jaya, Selangor.

“8uzzMy Account" means an account that is registered under a User.

“8uzzMy Services” means all our services such as Billing, Payment Form, Mass Payments, API and any other features, technologies and/or functionalities offered by us on our website or through any other means.

“Business Day” means any day (excluding Saturdays, Sundays and federal holidays) on which banks in Kuala Lumpur, Malaysia are open for business.

“Confidential Information” means all information which prior to or upon its disclosure is designated as confidential by one Party (“Disclosing Party”) to the other Party (“Receiving Party”), or which should reasonably be considered as information of a confidential nature by the Receiving Party.

“Customer” means a User who is buying goods and/or services from a Merchant and using 8uzzMy Services to authorize payments.

“Effective Date” means the date of this Agreement.

“Financial Institution” means any organization licensed by Bank Negara Malaysia that is engaged by Parties or either Party for the fulfilment of 8uzzMy Services.

“Information” means any Account information that you provide to us, including but not limited to personal information, financial information, or other information related to you or your business.

“Merchant” means a User who is selling goods and/or services to a Customer and using 8uzzMy Services to collect and/or disburse payments.

“Parties” means 8uzzMy and Merchant collectively.

“Party” means either 8uzzMy or Merchant.

“Payment Method” means the payment method used to pay a transaction. The following payment methods may be used (subject to availability): online banking, debit/credit/prepaid card, e-money, balance and redemption codes.

“Personal Data” has the meaning ascribed to it in the Personal Data Protection Act 2010 (hereinafter referred to as PDPA) which means any information in respect of commercial transactions, which is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system; is recorded with the intention that it should wholly or partly be processed by means of such equipment; or that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2010.

“Prepaid” means a fixed fee pricing plan that allows you to use 8uzzMy Services on a pay-as-you-use basis.

"Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.

“Support Service” means additional service as may be requested and required by you beyond 8uzzMy Services.

“Trademarks” means all trademarks and logos of 8uzzMy that exist now or in the future, both registered and non-registered, all as may be specified by 8uzzMy from time to time.

"User" or "you" means any individual or organization using 8uzzMy Services including you.

1.2 Words bearing the singular in this Agreement shall include the plural and vice versa.

1.3 Titles and headings in this Agreement are used for convenience and ease of reference only, and in no way define, limit, extend or describe the scope and intent of this Agreement.

2. APPOINTMENT AND RELATIONSHIP

2.1 By registering a 8uzzMy Account, via the Website, you hereby appoint 8uzzMy as an authorized collection agent for the provision of 8uzzMy Services particularly, purchase of foods, drinks and e-tickets to redeem at venue in accordance with the terms of this Agreement and 8uzzMy hereby agrees to accept the appointment for the provision of 8uzzMy Services to you.

2.2 In providing 8uzzMy Services, the Parties agree that 8uzzMy acts only as the Software for you to present bills and collect payments via Internet. 8uzzMy does not have any control over the goods and/or services that are transacted by the Merchants. Accordingly, 8uzzMy does not have any onus or liability whatsoever to ensure that the Customers that transact with the Merchant will in fact complete their transactions.

2.3 You acknowledge 8uzzMy is not a Financial Institution and has no control over the Financial Institutions uptime and availability.

2.4 You agree and acknowledge that Muslims and Consumers End-Users under the age of 21 cannot purchase alcoholic drinks using 8uzzMy services and in any event 8uzzMy shall not be liable for any loss or accident at the venue of the event.

2.5 8uzzMy shall from time to time, reserve all its rights to adjust and amend the contents and interfaces of 8uzzMy Services and the Website, provided such adjustment and amendment shall not adversely affect 8uzzMy Services. We will provide you with 30 Days' prior notice of any Substantial Change via email. For the avoidance of doubt, posting of the Substantial Change on the Website shall constitute an effective delivery of the Substantial Change to the Merchant.

2.6 If such adjustment or amendment leads to necessary changes in your software, interfaces or operating procedures of the Merchant, 8uzzMy will highlight this in the Substantial Change. You shall bear the costs at your end in relation to such adjustment and amendment, and in ensuring business as usual.

3. SETTLEMENT PERIOD FOR COLLECTION VIA ONLINE BANKING ONLY

3.1 Daily total collection (minimum RM0.01) shall be deposited automatically into your bank account after 72 hours (UTC+08:00 Kuala Lumpur) or once a week on Tuesday. For example: (i) Monday (collection day) > Thursday (settlement day) (ii) Tuesday > Friday (iii) Wednesday > Saturday (iv) Thursday > Sunday (v) Weekly > Next Tuesday

3.2 Settlement day shall be the next settlement day if the present settlement day is a federal holiday.

3.3 Next day means anytime between 00:00–23:59.

3.4 You acknowledge settlement shall be provided on “best effort” basis based on the Financial Institutions uptime and availability.

4. WARRANTIES IN RESPECT OF THE MERCHANT’S INFORMATION

4.1 The Merchant is solely responsible for its Information and the Merchant acknowledges that 8uzzMy’s role is merely as a passive conduit for the online distribution of the Merchant’s bills and facilitating payment from the Customers to the Merchant’s account. Notwithstanding the foregoing, the Merchant’s Information shall at all times be subject to Clause 10 of this Agreement and 8uzzMy shall not use any of the Merchant’s Information for any other purpose which is not related to the provision of the Service pursuant to the terms of this Agreement without the prior written consent of the Merchant.

4.2 The Merchant shall use its best endeavours to ensure that the Merchant’s Information and the Merchant's activities (including its payments and receipt of payments) that are transacted through the Service shall not:-

(i) be false, inaccurate or misleading;

(ii) be fraudulent or involve the sale of counterfeit or stolen items;

(iii) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools);

(iv) violate Clause 5 of this Agreement;

(v) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy;

(vi) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising);

(vii) be defamatory, libelous, unlawfully threatening or unlawfully harassing;

(viii) be obscene or contain child pornography;

(ix) contain any viruses, Trojan horses, worms, time bombs, bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or

(x) jeopardize any reputation or liability for 8uzzMy or cause 8uzzMy to lose (in whole or in part) 8uzzMy services.

5. VIOLATIONS BY THE MERCHANT

5.1 If the Merchant intentionally and knowingly engages in any of the following acts, 8uzzMy shall be entitled, at its sole discretion, to limit the Service provided to the Merchant or immediately terminate the Service and this Agreement by notice in writing to the Merchant:-

(i) Using the Service to receive payments directly or indirectly, for any sexually oriented or obscene materials or services in violation of 8uzzMy’s policy;

(ii) Using the Service to receive payments directly or indirectly, for any narcotics, other controlled or illegal substances, steroids or prescription drugs in violation of any laws;

(iii) Using the Service to receive payments directly or indirectly, for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity;

(iv) Using the Service to receive payments directly or indirectly, for any counterfeit products;

(v) Using the Service to receive payments directly or indirectly, for any weapons including firearms, ammunition, high capacity magazines, air guns, explosives;

(vi) Using the Service to receive payments directly or indirectly, for any fireworks or pyrotechnic devices or supplies;

(vii) Attempts to tamper, hack, modify or otherwise corrupt the security or functionality of Service;

(viii) Using the Service for money laundering activities;

(ix) Using the Service for any illegal or immoral activities, including but not limited to such activities that violate the laws of Malaysia.

5.2 The Parties hereby agree that the damage that 8uzzMy may sustain as a result of a breach of Clause 5 above by the Merchant may be substantial, including but not limited to fines and other related expenses from its payment processors and service providers for which damages may not be an adequate remedy for such breach by the Merchant and in view thereof, the Merchant acknowledges that 8uzzMy shall be entitled to seek equitable relief, including but not limited to injunctions and specific performance, in the event of any such breach or threatened breach by the Merchant.

5.3 In addition to Clause 6 below, the Merchant further indemnifies 8uzzMy for any and all liability which 8uzzMy may incur pursuant to the provision of the Service, if the Merchant is found to be in breach of this Clause 6.

6. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 The Parties hereto agree that 8uzzMy shall not be held liable for any business expense, machine downtime or damages caused by any deficiency, defect or error in the Service or malfunction thereof and in no event shall 8uzzMy be liable to the Merchant for any consequential or incidental damages, including but not limited to loss of profits, loss of turnover and/or loss of data.

6.2 The Parties hereby agree that 8uzzMy shall not be held liable in any manner whatsoever in the event there is a dispute between the Merchant and any of the Customers, unless it can be reasonably proven by the Merchant that such dispute arose, directly or indirectly, from the wilful negligence, fraudulent act, default or breach and/or acts or omissions by 8uzzMy in the provision of the Service under this Agreement.

6.3 The Merchant shall not hold 8uzzMy, its holding company, subsidiaries, employees and its suppliers liable in any way for any losses or liabilities arising directly and solely from the fault of the Merchant or authorised third parties directly relates to the Merchant in connection with the use of or access to the Service.

7. INDEMNITY

78.1 The Merchant shall indemnify 8uzzMy and hold 8uzzMy, its holding company, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand made or incurred by any third party due to or arising out of the Merchant’s breach of any of the terms of this Agreement or the violations of any provisions of law in connection with the Transactions contemplated under this Agreement.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 For the duration of this Agreement, 8uzzMy hereby grants Merchant and its affiliates and related companies a royalty-free, non-transferable and nonexclusive right during the Term of this Agreement to use the Trademarks on its websites and in any off-line promotional materials for the sole purpose to indicate that it makes use of the Service. The Merchant shall use such Trademarks in accordance with 8uzzMy's directions for the use of such Trademarks as communicated in writing to the Merchant. The Merchant does not have a right of sub-license. 8uzzMy may apply limitations to the right granted to the Merchant under this paragraph at any time and at its sole discretion.

8.2 For the duration of this Agreement, the Merchant hereby grants 8uzzMy and its affiliated companies an irrevocable, royalty free, non-transferable and nonexclusive right during the Term of this Agreement to use its trademark and logo on their Websites and in off-line publications for the sole purpose of indicating that the Merchant makes use of its Service.

8.3 All proprietary rights in the equipment, software (such as interfaces) and other materials used or made available by 8uzzMy in the performance of this Agreement, whether or not it is made available to the Merchant, shall remain with 8uzzMy. The Merchant shall only acquire such right of use as is explicitly granted hereunder.

8.4 Upon termination of this Agreement, the Merchant shall forthwith withdraw any reference or related forms to 8uzzMy and/or the Service from its websites and shall forthwith cease the use of the Trademarks, and 8uzzMy shall cease any use of the Merchant’s trademark and logo.

9. CONFIDENTIALITY

9.1 During the Term of this Agreement and after termination or expiration of this Agreement for any reason whatsoever, the Receiving Party shall:-

(i) keep the Confidential Information confidential;

(ii) not disclose the Confidential Information to any person save and except with the prior written consent of the Disclosing Party or in accordance with Clause 9.2;

(iii) not use the Confidential Information for any purpose other than in connection with the performance of its obligations under this Agreement; and

(iv) comply at all times with the PDPA.

9.2 During the Term of this Agreement and unless prohibited by the PDPA, the Receiving Party may disclose the Confidential Information to its employees and/or to the Financial Institution (hereinafter referred to as the ''Recipient'') to the extent reasonably necessary for the purposes of this Agreement.

9.3 The Receiving Party shall procure that each Recipient is made aware of and complies with all the Receiving Party's obligations of confidentiality under this Agreement as if the Recipient were a party to this Agreement.

9.4 The obligations contained in Clause 9.1 shall not apply to any Confidential Information which:-

(i) is in the public domain at the date of this Agreement, or at any time after the date of this Agreement comes into the public domain other than through breach of this Agreement by the Receiving Party or any Recipient;

(ii) is known by the Receiving Party prior to disclosure by the Disclosing Party to the Receiving Party;

(iii) is subsequently becomes lawfully into the possession of the Receiving Party from a third party; or

(iv) is disclosed by the Receiving Party pursuant to and in accordance with a relevant statutory obligation, an order of a court of competent jurisdiction or an order of a competent regulatory body.

10. REPRESENTATIONS

10.1 Each Party represents to the other that: -

(i) it has all requisite power and authority to enter into this Agreement and to carry out the Transactions contemplated hereby;

(ii) it has the rights, licenses, permits and power to perform all obligations incurred by it under this Agreement;

(iii) the execution, delivery and performance of this Agreement are duly authorized;

(iv) this Agreement is a valid and binding obligation of it; and

(v) the execution, delivery and performance of this Agreement and the consummation of the Transactions contemplated hereby do not conflict with or violate its constituent documents, any other contract or agreement to which it is a party, any applicable laws or any order or judgment of any court or governmental authority.

11. NOTICES

11.1 All notices, statements, demands, requirements or other communications and documents required or permitted to be given, served or delivered to any Party under this Agreement (hereinafter referred to as a “Communication”) shall be in writing in the English language and shall be either delivered by hand or sent by pre-paid certified or registered mail (airmail in the case of all international Communication), with return receipt requested, to that Party at its address stated in the Website or sent by email to its email address stated at the Website or to such other address or email address as that Party may from time to time have notified the other Party as being its address or email address for purposes of this Agreement to the exclusion of all previously applicable addresses and facsimile numbers.

11.2 A Communication shall be deemed to have been given, served or delivered:-

(i) if delivered by hand, upon delivery;

(ii) if sent by mail, after three (3) Business Days of postage;

(iii) if sent by facsimile machine, one hour after its transmission if such time is during business hours in the place of its receipt or, if it is not, on the opening of business on the next Business Day, subject to its having in fact been received in legible form and with a copy thereof being sent by post; and

(iv) if sent by electronic mail, twenty-four (24) hours after e-mail is sent.

12. FORCE MAJEURE

12.1 If the performance of this Agreement or any obligation hereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of the affected Party, the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance, except for the making of payments hereunder, to the extent of such prevention, restriction, or interference, for so long as the non-performing Party uses reasonable efforts to resume performance.

13. GENERAL

13.1 Entirety This Agreement sets forth and shall constitute the entire agreement between the Parties hereto with respect to the subject matter hereof and shall supersede any and all promises, representations, warranties or other statements whether written or oral made by or on behalf of one Party to the other of any nature whatsoever or contained in any leaflet, brochure or other document given by one Party to the other concerning such subject matter. This Agreement may not be released, discharged, supplemented, amended, varied or modified in any manner except by an instrument in writing signed by the Parties hereto. As from the Effective Date, all previous arrangements, agreements, compromise, commitments, negotiation and moratorium executed hereto shall be superseded by this Agreement.

13.2 Waiver The failure to exercise or any delay in exercising a right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

13.3 The Parties may not transfer any rights or obligations it may have under this Agreement without the prior written consent of the other Party. This Agreement shall be binding upon and inure to the benefit of the parties, their legal representatives, successors, and permitted assignees.

13.4 Severability Any of the terms conditions, stipulations, provisions, covenants or undertakings contained herein which are illegal void prohibited or unenforceable in any respect under the law governing this Agreement or its performance, such illegality, invalidity or unenforceability shall be ineffective to the extent of such illegality, void, prohibitions or unenforceability without invalidating the remaining provisions hereof and any such illegality, void, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other terms conditions stipulations provisions covenants or undertakings contained herein.

13.5 Governing Law and Jurisdiction This Agreement is governed by and shall be construed in accordance with the laws of Malaysia, and the Parties hereby agree to submit to the exclusive jurisdiction of the Court of Malaysia.

13.6 Time is of the essence of this Agreement.

14. PERSONAL DATA PROTECTION ACT 2010

14.1 The Parties are aware of the requirements of the PDPA.

14.2 In the event 8uzzMy is provided or allowed access by the Merchant to any Personal Data, 8uzzMy shall ensure that it fully complies with the provisions of the PDPA and only deals with such Personal Data for the purpose of complying with its obligations under this Agreement and for no other purpose.

14.3 8uzzMy shall fully cooperate and assist the Merchant in relation to:-

(i) any complaint or request made in connection with Personal Data, including by providing the Merchant with full details of the complaint or request;

(ii) any request made under the PDPA including a data access request, whereby it shall ensure that it meets the prescribed time periods set out in the PDPA and acts in accordance with the Merchant’s reasonable instructions; and

(iii) any other reasonable request of the Merchant including a request for any Personal Data held by 8uzzMy.

14.4 Pursuant to the PDPA, the Merchant hereby acknowledges that it is required to and hereby undertakes to inform and obtain consent of its Customers with regards to the disclosure of any form of the Customer’s personal data to 8uzzMy for the purposes of 8uzzMy carrying out its Service for the Merchant.

14.5 The Merchant hereby agrees that it shall indemnify the 8uzzMy against any costs, loss, or damage which are incurred (whether direct or indirect) by 8uzzMy by reason of the contravention of this Clause 14.

15. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws for the time being in force in Malaysia and the parties hereto unconditionally submit to the non-exclusive jurisdiction of the Courts of Malaysia in connection with all matters under this Agreement.