Terms & Conditions

Terms and Conditions

  1. Use of Service
    1. The provision of the Services and the Activation of your Account is at Total Exact Consulting / Jaya Abadi Teknologi sole and absolute discretion.
    2. You may only use the Services once your Account has been Activated. Once your Account has been Activated, your use of the App and the Service shall be strictly in accordance with these Terms and Conditions.
  2. Intellectual Property Rights
    1. The Intellectual Property Rights in respect of all materials including without limitation all current and future copyrights, patent, trademarks, rights in databases, inventions or trade secrets, know-how, rights in designs, integrated circuit, topographies, trade and business names, domain names, get up, arks and devices (whether such applications can be made) which are capable of being protected and/or enforced in Malaysia and/or any relevant country of the world, any brand names, trademarks, services, products, hardware and software shall remain vested in the party originating or which has acquired the same. For clarity purposes, all trademarks used on the App and/or the Services are the trademarks of Total Exact Consulting / Jaya Abadi Teknologi unless specified otherwise.
    2. You acknowledge and agree that the Services and the App are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. All rights are expressly reserved.
    3. You are only allowed to use the App and the Services as set out in the Terms and Conditions, and nothing on the App and/or the Services shall be construed as conferring any license or other transfer of rights to you of any intellectual property of other proprietary rights of Total Exact Consulting / Jaya Abadi Teknologi.
  3. Disclaimer
    1. The App and the Service are provided on an “as is” and “as available” basis.
    2. Except as expressly set out in these Terms & Conditions, all representations, conditions and warranties (whether express or implied, statutory or otherwise) including but not limited to the availability, accessibility, timeliness and uninterrupted use of the App and Service; sequence, accuracy, completeness, timeliness or the security of any data or information provided to you as part of the Service; any implied warranty of merchantability; any implied warranty of fitness for a particular purpose; any implied warranty of non-infringement; and any implied warranty arising out of the course of dealing, custom or usage of trade with respect to the Service provided by Total Exact Consulting / Jaya Abadi Teknologi are expressly negative and excluded. The representations, conditions and warranties set forth in this Agreement with respect to the Services and App are the only representations, conditions and warranties made by Total Exact Consulting / Jaya Abadi Teknologi and will not be enlarged or diminished without Total Exact Consulting / Jaya Abadi Teknologi’s prior written approval.
  4. Total Exact Consulting / Jaya Abadi Teknologi’s Liability and Liability for service
    1. Total Exact Consulting / Jaya Abadi Teknologi shall not be liable for any liability, loss, damages, cost and/or expenses (whether direct or indirect), or for loss of revenue, loss of business, loss of profits or any consequential or indirect loss whatsoever as a result of your use and/or misuse of the Service.
    2. It is your sole responsibility to make all efforts to ensure your App is up to date. The Services and, Charges are periodically updated, and you should check the App and the Services regularly to ensure that you have the latest information. You should also ensure that you download the most up to date version of the App and the Services.
    3. You acknowledge that Total Exact Consulting / Jaya Abadi Teknologi is unable to exercise control over the security or subject matter passing over the Telecommunication Provider’s Network, the App or via the Services, and Total Exact Consulting / Jaya Abadi Teknologi hereby excludes all liability of any kind for the transmission or reception of infringing any subject matter of whatever nature.
    4. The App may contain links to website, web pages operated by third parties and you agree that your use of each website, webpage and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services of these third parties. You shall comply with the said terms and conditions and fully indemnify and to hold Total Exact Consulting / Jaya Abadi Teknologi harmless from and against any claim resulting from your breach of any of the said terms and conditions.
    5. Total Exact Consulting / Jaya Abadi Teknologi assumes no responsibility for and does not endorse unless expressly stated, created or published by third parties that is included in the App and the Services or which may be linked to and from the App.
    6. The App and/or the Services may be used by you to link into other applications, websites, resources and/or networks worldwide. Total Exact Consulting / Jaya Abadi Teknologi accepts no responsibility for the services, and you agree to conform to the acceptable use policies of such website, resources and/or networks.
    7. Notwithstanding anything to the contrary contained herein, the maximum liability of Total Exact Consulting / Jaya Abadi Teknologi shall not exceed an amount equivalent to the aggregate sum of the Available Balance of your Account at the date on which your claim arises.
  5. Indemnity
    1. You hereby agree to fully indemnify and to hold Total Exact Consulting / Jaya Abadi Teknologi harmless from and against any claim brought by a third party resulting from the use of the App and the Services in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by Total Exact Consulting / Jaya Abadi Teknologi in consequence of and/or in connection with the use of the App and the Services, and your breach of any of the Terms and Conditions.