Terms of Use

1 Introduction
Welcome to the Site and/or Application of [officio.work]. Please read the following Terms of Use carefully before using this Site, the Application and the Services, or opening an Account so that You are aware of Your legal rights and obligations, and the rules and restrictions that governs Your access and use of the Site, the Application and the Services provided by [Officio.work]. Any new features added to or augmenting the Services are also subject to these Terms of Use.

2 Interpretation and Definitions

2.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

2.2 Definitions

For the purposes of these Terms of Use:

(i) Account means the user ID or user account created by You in the Site and/or the Application.

(ii) Application means the software program provided by the Company downloaded by You on any Device, named [Officio.work].

(iii) Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) and/or any other platform in which the Application is downloaded.

(iv) Affiliate(s) means an entity that controls, is controlled by or is under common control with the Company, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

(v) Content means all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site, the Application or the Services.

(vi) Company means [The Digital Workplace Sdn. Bhd.], its Affiliates and/or subsidiaries.

(vii) Device means any device that can access the Site, the Application and the Services such as a computer, a mobile phone or a digital tablet.

(viii) Services means the services made available by the Company via the Site and the Application.

(ix) Site means the website of the Company with the domain name of www.officio.work.

(x) Terms of Use (also referred as “Terms”) means the terms and conditions of these Terms of Use that form the entire agreement between You and the Company regarding the use of the Site and the Services including the Privacy Policy of the Company [https://officio.work/privacy-policy/] additional terms and conditions and policies otherwise agreed between parties, referenced herein and/or linked hereto.

(xi) Trademark means any word, name, symbol, colour, shape, designation or any combination thereof, including any trade mark, service mark, trade name, officio.work, sub-officio.work, trade dress, product configuration, program name, delivery form name, certification mark, collective mark, logo, tagline, slogan, design or business symbol, that functions as an identifier of source or origin, whether or not registered and all statutory and common law rights therein and all registrations and applications therefor, together with all goodwill associated with, or symbolized by, any of the foregoing.

(xii) You mean the individual accessing or using the Site, the Application and/or the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Site, the Application and/or the Service, as may be applicable.

3 Acknowledgment

3.1 These Terms of Use governs the use of the Site, the Application and/or the Services by You and shall establish to a written agreement between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Site, the Application and the/or Service.

3.2 These Terms of Use apply to all visitors, users and others who access or use the Site, the Application and/or Service. Your access to and use of the Site, the Application and/or the Services is conditioned on Your acceptance of and compliance with these Terms of Use.

3.3 By accessing or using the Site, the Application and/or the Services, You irrevocably agree and consent to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Site, the Application and/or the Services.

3.4 You represent that You are over the age of 18 and legally permitted in Your country to execute a binding contract to use or open an account at the Site and/or the Application. If You are below the age of 18 or the legal age for giving consent hereunder, pursuant to the applicable laws in your country (the “Legal Age”), You must get permission from a parent or legal guardian to open an account at the Site and that parent or legal guardian must agree to these Term of Use. If You do not know whether You have reached the legal age, or do not understand this section, please do not create an account until You have asked your parent or legal guardian for help. If You are the parent or legal guardian of a minor who is creating an account, You must accept the Term of Use on the minor’s behalf and You will be responsible for all use of the account or company services using such account, whether such account is currently open or created later.

3.5 Links to Other Websites

(i) Our Site, the Application and/or the Services may contain links to third-party websites or services that are not owned or controlled by the Company where You may be able to use Your Account to gain access to contents, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ websites, to which we have enabled access or with which we have tied up or collaborated.

(ii) The Company has no control over, and assumes no responsibility for, the content, privacy policies, functionality, security, services, or other practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

(iii) We strongly advise You to read the Terms of Use and privacy policies of any third-party websites or services that You visit.

4 Account

4.1 You agree to:

(i) keep Your password confidential and only use Your Account or mobile phone and password when logging in to Your account;

(ii) ensure that You log out from Your account at the end of each session on the Site;

(iii) immediately notify the Company of any unauthorised use of Your Account, and/or password or any other breach of security of Your account; and

(iv) ensure that Your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under Your Account and mobile phone and Account even if such activities or uses were not committed by You. The Company will not be liable for any loss or damage arising from unauthorised use of Your User ID, password and/or Account or Your failure to comply with this Section.

4.2 You agree that the Company may for any reason, in its sole discretion and with or without notice and without liability to You or any third-party, immediately terminate Your Account and remove or discard from the Site and/or the Application any content associated with Your Account, cancel any transactions associated with Your Account and temporarily withhold any sale proceeds or refunds, and/or take any other actions that the Company deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected:-

(i) extended periods of inactivity;

(ii) violation of the letter or spirit of these Terms of Use,

(iii) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour;

(iv) having multiple user accounts;

(v) buying products on the Site and/or the Application for the purpose of commercial re-sale;

(vi) voucher abuse (including, but not limited to, selling of vouchers to third parties and abnormal or excessive use of vouchers on the Site and/or the Application); or

(vii) behaviour that is harmful to other users of the Site and/or the Application, third parties, or the business interests of the Company.

4.3 Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to You. If a legal dispute arises or law enforcement action is commenced relating to Your Account or Your use of the Site, the Application and the Services for any reason, the Company may terminate Your Account immediately with or without notice.

4.4 You acknowledge that sharing of Your Account with other persons, or allowing multiple users outside of Your business entity to use Your Account (collectively, “multiple use”), may cause irreparable harm to the Company. You shall indemnify the Company, its Affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of Your Account. You also agree that in case of the multiple use of Your Account or Your failure to maintain the security of Your Account, the Company shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate such Your Account without any notice.

4.5 You may terminate Your Account if You notify the Company in writing (including via email at [e-mail address] of Your desire to do so. Notwithstanding any such termination, You shall remain responsible and liable for any incomplete transaction or order (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and You must contact the Company after You have promptly and effectively carried out and completed all incomplete transactions according to the terms and condition agreed thereof. The Company shall have no liability, and shall not be liable for any loss, damages and/or expenses incurred due to the actions taken by You in accordance with this term. You waive any and all claims against the Company based on any such action taken by the Company.

4.6 You may only use the Services and/or the Application and/or open an Account therein if You are located in one of our approved countries, as updated from time to time.

5 Termination

5.1 We may terminate or suspend Your access immediately to the Site, Application and/or the Services, without prior notice and without incurring any liability, for any reason whatsoever, including without limitation any violation and/or breach of these Terms of Use by You.

5.2 Upon termination, Your right to use the Services will cease immediately.

6 Right of Use

6.1 The Company owns the Content on the Site, the Application and the Services which is protected by copyright. The Company grants You a non-exclusive and non-transferable right to access the Content of the Site, the Application and the Service depending in accordance with these Terms of Use. Your right of use shall lapse upon the termination of your access to the Site or Application.

6.2 You acknowledge that this right to access does not include:

(i) any downloading or copying of content for the benefit of another; or
(ii) any collection and use of any content; or
(iii) any derivative use of the Site and/or the Application and the contents therein; or
(iv) any use of data mining, robots, or similar data gathering and extraction tools.

6.3 Other than for the purposes for which the Services are intended, the Site and/or the Application and/or any contents therein may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.

6.4 Any unauthorized use may result in immediate suspension or termination of Your Account.

7 Payment

7.1 The Company engages a third-party processor to enable payment processing through credit card, e-banking, e-wallets etc. You shall review the terms of the third-party processor to ensure that You agree and conform with the relevant third-party’s terms of use.

7.2 The Company shall not be responsible and liable to You in the event there is a transactional error due to the fault of the third-party processor and You are to resolve the dispute directly with the third-party processor.

8 Confidentiality

The Company shall endeavour to keep confidential Your information acquired by the Company via the Site, the Application and the Services unless and until such information comes properly into the public domain through no fault of the Company.

9 Limitation of Liability

9.1 Notwithstanding any damages that You might incur, the entire liability of the Company under any provision of this Terms of Use and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Site, the Application and the Service or MYR100 if You haven’t purchased anything through the the Site and/or the Application.

9.2 To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site, the Application and/or the Service, third-party software and/or third-party hardware used with the Site, the Application and/or the Service, or otherwise in connection with any provision of this Terms of Use), even if the Company has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

9.3 Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for right of consumers, incidental or consequential damages, which means that some of the above limitations may not apply to You. In these states, each party’s liability will be limited to the greatest extent permitted by law.

10 “AS IS” and “AS AVAILABLE” Disclaimer

10.1 The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty claims or representations of any kind by the Company. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Site, the Application and/or the Services, including all implied warranties of merchantability, fitness for a particular purpose, existence, quality, safety or legality of items available via the services, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Site, the Application and/or the Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

10.2 Without limiting the foregoing, neither the Company nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, the Application and/or the Services, or the information, Content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Site, the Application and/or the Services; or (iv) that the Site, the Application and/or the Services, its servers, the Content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

10.3 You acknowledge that the entire risk arising out of the use or performance of the Site, the Application and/or the Services remains with You to the maximum extent permitted by applicable law.

11 Indemnity

You at all times agrees and undertakes to fully indemnify, hold harmless and defend the Company, its Affiliates, subsidiaries, associated companies, directors, officers, employees, servants, assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to, arising out of, resulting from or in relation to Your breach of these Terms of Use (including the documents incorporated by reference), or arising out of Your violation of any law or the rights of a third party.

12 Trademarks

12.1 All Trademark appearing in the Site, Application and/or via the Services are the Trademark of the Company in Malaysia and/or other countries.

12.2 All other Trademark not owned by the Company that appear on the Site, Application and/or via the Services are the property of their respective owners.

13 Copyright

All contents published on the Site and the Application, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, are the property of the Company and/or its content suppliers and protected by all applicable copyright laws.

14 Electronic Communications

The Company may communicate with You by email, or by posting notices on the Site and/or the Application. You agree that all agreements, notices, disclosures and other communications that the Company provides to You electronically satisfy any legal requirement that such communications be in writing.

15 Governing Law

The laws of Malaysia, excluding its conflicts of law rules, shall govern this Terms of Use and Your use of the Site, the Application and/or the Services. Your use of the Application and the Site may also be subject to other local, state, national, or international laws.

16 Disputes Resolution

If You have any concern or dispute about the Site, the Application and/or the Services, You agree to first try to resolve the dispute informally by contacting the Company. Any concern or dispute that are unable to be resolved amicably between You and the Company shall be subject to the Courts of Malaysia.
17 Severability and Waiver

17.1 Severability

If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17.2 Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Use shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

18 Translation Interpretation

These Terms of Use may have been translated if the Company have made them available to You on the Site, the Application and/or the Services. You agree that the original English text shall prevail in the case of a dispute.

19 Changes to These Terms of Use

19.1 The Company reserves the right, at its sole discretion, to change, modify or replace these Terms of Use at any time. The Company also reserves the right to change, modify, suspend and/or discontinue all or any part of the Site, the Application and/or the Services at any time with or without prior notice to You. If we do so and we have notified You of such change, modification, suspension and/or discontinuation, which we are not obliged to, such modification shall take effect upon the date of posting of the revised Terms of Use on the Site and/or Application.

19.2 By continuing to access or use the Site, the Application and/or the Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Site, the Application and/or the Services.
 
20 Contact Us

If You have any questions about these Terms of Use, You can contact us:

Our Representative: [Norazak Zaha bin Zainal Abidin, CEO]
By email: [razak@officio.work]
By telephone: [+60133922412]