Terms and Conditions of OPENKOM
1. Introduction
1.1 Welcome to OPENKOM. These terms and conditions (“Terms”) applies to all users of the Platforms (as defined below), including without limitation users who are consumers, merchants and/ or service providers and references to “you” in these Terms will apply to certain users as applicable.
1.2 These Terms govern your use of the website and mobile application provided by Foursons Technology Sdn. Bhd. (Registration No. 202101008861 (1409160-H)) (“OPENKOM”) (collectively, the “Platforms”).
1.3 These Terms are between you and OPENKOM or between you and any merchant or service providers identified for a particular service through the Platforms.
1.4 OPENKOM reserves the right to update or modify these terms at any time. Changes to these Terms may be necessary to maintain compliance with legal and regulatory requirements. We will notify you of any changes by posting the amended Terms on our Platforms. You will be deemed to have agreed to the amended Terms by your continued use of the OPENKOM’s Services following the date on which the amended Terms are posted here.
2. OPENKOM’s Services
2.1 OPENKOM provides the following services:
(a) operating the Platforms to connect the Platforms’ users for the following purposes:
(i) any individual who registers as a common user of the Platform (“Consumer”) to purchase any product and/or service provided by the Merchant (as defined below) and/ or Service Provider (as defined below) through the Platforms;
(ii) any individual or business that registers as a merchant (“Merchant”) to list and provide its products and/ or services to the Consumer through the Platforms (“Merchant’s Products and Services”); and
(iii) any individual or business which registers as a service provider (“Service Provider”) to provide delivery services between the Consumer and the Merchant (“Delivery Services”),
(each, as “User”, collectively, as “Users”);
(b) ensuring that the Platforms are always available to the Users, for the purposes as stated in Clause 2.1(a) above;
(c) facilitating the communication between the Users for the purposes as stated in Clause 2.1(a) above;
(d) advertising the Merchant’s Products and Services upon request by the Merchant;
(e) providing data analytics services to the Merchant in relation to the performance of its Merchant’s Products and Services on the Platforms; and
(f) any other services stated herein these Terms or may be made available on the Platforms or notified to you from time to time,
(collectively, as “OPENKOM’s Services”).
3. Account
3.1 You would need to create an account with OPENKOM (“Account”) in order to use the OPENKOM’s Services, either as a Consumer, Merchant and/ or Service Provider.
3.2 When you create an Account, you represent and warrant that:
(a) if you are an individual, you are at least 18 years of age;
(b) if you are representing a company or business entity, you have authority to bind such company or entity to these terms;
(c) you are capable of entering into and performing legally binding contracts under applicable law; and
(d) all information which you provide is accurate, up to date, truthful and complete.
3.3 Notwithstanding Clause 3.2(a) above, if you are under 18 years of age, you may only use the OPENKOM’s Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
3.4 You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your Account are misappropriated or used by a third party. You, therefore, agree to:
(a) keep your password secure; and
(b) keep your account information up to date at all times.
3.5 You shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user’s Account without their permission.
4. Users’ Responsibilities
General
4.1 You agree that you will comply with the Terms herein and you will not:
(a) use the OPENKOM’s Services and/or the Platforms for any purpose(s) which may:
(i) breach any law, statute, rule, regulation or by-law of Malaysia or any other applicable jurisdiction;
(ii) be fraudulent, criminal or unlawful in any way;
(iii) be inaccurate or out-of-date;
(iv) create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, obscene, indecent, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, defamatory, untrue or otherwise objectionable;
(v) intentionally, knowingly or unknowingly impersonate any other person, entity or body; falsely claim an affiliation with, or misrepresent a relationship with, any person, entity or body; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via any of the Platforms; or perform any other similar fraudulent activity;
(vi) be contrary to any specific rule or requirement that is stipulated on the OPENKOM’s Services and/or the Platforms (whether it be in relation to a particular part or in general);
(vii) send junk mail or spam to other Users of the Platforms, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
(viii) harvest or collect email addresses or other contact and/or personal information of other Users of the Platforms without their consent;
(ix) defame, harass, abuse, threaten, or defraud other Users of the Platforms; and
(x) involve your use, delivery or transmission of any viruses, unsolicited emails, ‘trojan horses’ or any computer programming routines that are intended and/or for the purpose of damaging, detrimentally interfering with, surreptitiously intercepting, or expropriate any system, data, personal information or any User’s enjoyment of the OPENKOM’s Services and/or the Platforms.
(b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platforms or any part thereof; remove any copyright, trademark and/or any other IP Rights (as defined below), or other proprietary notices from any portion of the OPENKOM’s Services and/or any of the Platforms;
(c) delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Platforms, (b) features that prevent or restrict use or copying of any content accessible through the Platforms, (c) features that enforce limitations on the use of the Platforms, or (d) the copyright or other proprietary rights notices on the Platforms;
(d) link to, mirror or frame any portion of the OPENKOM’s Services and/or any of the Platforms;
(e) use or attempt to use another User’s account;
(f) relay email from a third party’s mail servers without the permission of that third party; manipulate identifiers in order to disguise the origin of Users’ content transmitted through the Platforms;
(g) cause to be launched or launch any programs or scripts for the purpose of indexing, surveying or otherwise data mining any portion of the OPENKOM’s Services and/or the Platforms or unduly burdening or hindering the operation and/or functionality of any aspect of the OPENKOM’s Services and/or the Platforms;
(h) attempt to circumvent any content filtering techniques we employ, or attempt to gain unauthorised access to or impair any aspect of the OPENKOM’s Services and/or the Platforms and/or its related systems or networks that you are not authorized to access; and/or
(i) interfere with or disrupt the OPENKOM’s Services and/or the Platforms or servers or networks connected to the Platforms, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platforms; use the Platforms in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the OPENKOM’s Services and/or the Platforms, or that could damage, disable, overburden, or impair the functioning of the OPENKOM’s Services and/or the Platforms in any manner.
Consumer’s Additional Responsibilities
4.2 As a Consumer, you further agree and acknowledge to:
(a) ensure your personal details provided for using OPENKOM’s Services and for purchasing Merchant’s Products and Services and Delivery Services (such as your name, address and phone number), are accurate, current, and complete;
(b) pay any and all applicable fees to OPENKOM, Merchant and/ or Service Provider for using OPENKOM’s Services and for purchasing Merchant’ Products and Services and Delivery Services pursuant to Clause 5 below;
(c) maintain clear and respectful communication, including any online communication through the Platforms and/or offline communication in person with the Merchant and/or Service Provider regarding your purchase of Merchant’s Products and Services and Delivery Services; and
(d) use OPENKOM’s Services and/ or the Platforms in a lawful, ethical, and respectful manner at all times.
Merchant’s Additional Responsibilities
4.3 As a Merchant, you further agree and acknowledge to:
(a) ensure you and/or your employees maintain safe and hygienic working practices;
(b) ensure that you obtain and continually possess any necessary permit, licences and/ or governmental approvals for your provisions of Merchant’s Products and Services;
(c) provide and maintain a good standard and quality of Merchant’s Products and Services;
(d) ensure reasonable pricing for Merchant’s Products and Services in accordance with the applicable laws and regulations (if any);
(e) provide accurate, current, and complete information and documentation regarding your business and Merchant’s Products and Services, as required for your use of OPENKOM’s Services and for the listing and provision of Merchant’s Products and Services through the Platforms (such as prices, fees, availability and specifications of the Merchant’s Products and Services);
(f) pay any and all applicable fees and/or commissions to OPENKOM for your use of OPENKOM’s Services pursuant to Clause 5 below;
(g) maintain clear and respectful communication, including any online communication through the Platforms and/or offline communication in person with the Consumer and/or Service Provider for the provision of Merchant’s Products and Services to the Consumer;
(h) respect the privacy and confidentiality of any information or details in relation to the Consumer and Service Provider that is made available to you and use such information only for lawful and legitimate purposes; and
(i) use OPENKOM’s Services and/ or the Platforms in a lawful, ethical, and respectful manner at all times.
Service Provider’s Additional Responsibilities
4.4 As a Service Provider, you further agree and acknowledge to:
(a) ensure you and/or your employees maintain safe and hygienic working practices;
(b) provide and maintain a good standard and quality of Delivery Services;
(c) you and/ or your employees hold and continuously hold a national driving and vocational license at all times and other permits as may be required by the relevant authorities for the provision of Delivery Services;
(d) you and/or your employees and your vehicle must also be covered with valid insurance policies as stipulated by local regulations for the provision of Delivery Services;
(e) provide accurate, current, and complete information and documentation as required for your use of OPENKOM’s Services and for the provision of your Delivery Services (such as your location details, phone number and vehicle’s details);
(f) pay any and all applicable fees and/or commissions to OPENKOM for your use of OPENKOM’s Services pursuant to Clause 5 below;
(g) maintain clear and respectful communication, including any online communication through the Platforms and/or offline communication in person with the Consumer and/or Merchant for the provision of your Delivery Services;
(h) respect the privacy and confidentiality of any information or details in relation to the Consumer and/ or Merchant that is made available to you and use such information only for lawful and legitimate purposes; and
(i) use OPENKOM’s Services and/ or the Platforms in a lawful, ethical, and respectful manner at all times.
5. Fees and Payment Services
Fees
5.1 By accepting the Terms herein, you accept that any engagement and/or use of the OPENKOM’s Services, as a Consumer, Merchant and/ or Service Provider, may result in service fees and/ or commission (as indicated on the Platforms) to you for the OPENKOM’s Services you received (“OPENKOM’s Fees”). OPENKOM reserves the right to vary the fees, or impose any additional fees, applicable to these Terms at any time by posting a notice on the Platforms and/ or by sending you a notice via email.
5.2 As a Consumer, you shall pay the applicable prices or fees for your purchase of the Merchant’s Products and Services and the Delivery Services (“Applicable Fees”). You understand that you will not receive any Merchant’s Products and Services and Delivery Services unless you have paid the Applicable Fees.
5.3 For avoidance of doubt, the OPENKOM’s Fees and/ or the Applicable Fees (collectively, as “Fees”) will be inclusive of applicable taxes where required by Malaysia law, such as Service and Sales Tax (SST) and shall be considered final, except where Vouchers (as defined below) are applicable.
5.4 You may pay the Fees using a credit card, debit card, cash on delivery or by way of telegraphic or other electronic means of transfer, as applicable. You may also pay your Fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.
5.5 For the purpose of Clause 5.4 above, as a Service Provider, you understand and agree that if the Consumer chooses to pay the Fees by cash, the Consumer shall pay the cash directly to you and you shall only collect the exact amount of Fees from the Consumer. OPENKOM shall deduct the price of the Merchant’s Products and Services from your Service Provider’s account as deposit for the provision of you Delivery Services and thereafter make the necessary adjustments to the funds in your Service Provider’s account to reflect the fees payable to you for the relevant Delivery Services.
5.6 You acknowledge and agree that:
(a) in the event of a recurring payment (such as subscription of any monthly or yearly plan), you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your Account will automatically be suspended and/or deactivated if payments are not received within three (3) months from the due date; and
(b) unless otherwise stated in Clause 7 below, all Fees paid by you are non-refundable.
Payment Services
5.7 All payment processing services for payment methods made available on the Platform will be undertaken and facilitated by the Payment Service Providers (as defined below), and subject to or governed by their respective Additional Terms (as defined below). You further agree and acknowledge that the Payment Service Providers are the contracting parties responsible for all payment processing services for payment methods made available on the Platform.
5.8 In order to provide the payment services, you acknowledge that OPENKOM may integrate the services provided by certain third party service providers, subcontractors, partners and/or agents who are registered with, approved or licensed by Central Bank of Malaysia (“Payment Service Providers”) into the Platform and that Payment Service Providers shall provide its payment processing services subject to their respect Additional Terms.
5.9 In order to use the payment services, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms.
5.10 In order to use the payment services, you must provide OPENKOM and/or its related companies with accurate and complete information required for the payment services including account information for at least one valid debit or credit card through the Platform. OPENKOM and/or its related corporations uses such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third-party Payment Service Providers including but not limited to process payments and to manage the account information you have provided to us. You may add, delete, and edit the payment method account information you have provided from time to time directly through the Platform.
5.11 By providing the account information for a credit or debit card, you represent and warrant, that:
(a) you are legally authorised to provide such information to us;
(b) you are legally authorised to perform payments from the account(s) you have provided to us; and
(c) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law.
5.12 By using a particular payment method, you are agreeing to the terms of service of the relevant Payment Service Providers and your financial institution. You will bear all fees that may be charged by such Payment Service Providers and/or your financial institution (if any) for the selected payment method.
5.13 You agree to authorise OPENKOM and/or its related companies to provide or give all necessary information to the relevant Payment Service Providers for the purposes of processing of the payment services including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause. It is expressly understood that all payment services are conducted via the relevant Payment Service Providers and that this authorisation does not imply or represent that OPENKOM is responsible for arranging the transfer or settlement of funds.
5.14 If you use any of the payment services, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third-party service providers, partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional Terms including the terms and conditions set out on the website of CHIP IN SDN. BHD. (Company Registration No.202201010914 (1456611-H)) (available at: https://www.chip-in.asia/terms-of-service), which may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms.
6. Cancellation of Order
Consumer
6.1 As a Consumer, you have the right to cancel your order for the Merchant’s Products and Services and/or Delivery Services provided by the Merchant and Service Provider, subject to the acceptance of your Order by the Merchant and/or the Service Provider.
6.2 Notwithstanding the above, you may request for a cancellation of your order, through our in-app customer support chat feature. Each request will be reviewed by OPENKOM on a case-by-case basis, taking into account the specific reasons/grounds for your cancellation.
Merchant
6.3 As a Merchant, you shall not cancel and/or reject any order placed by the Consumer if it is marked as ‘available’ in the Merchant’s Products and Services listed on the Platforms.
6.4 Notwithstanding the above, you may request for a cancellation of an order placed by the Consumer for Merchant’s Products and Services through our in-app customer support chat feature. Each request will be reviewed by OPENKOM on a case-by-case basis, taking into account the specific reasons/grounds for your cancellation.
Service Provider
6.5 As a Service Provider, you shall not cancel any order placed by the Consumer for your Delivery Services, if you have accepted such order.
6.6 Notwithstanding the above, you may request for a cancellation of an order placed by the Consumer for your Delivery Services through our in-app customer support chat feature. Each request will be reviewed by OPENKOM on a case-by-case basis, taking into account the specific reasons/grounds for your cancellation.
7. Refund
7.1 You agree and acknowledge that:
(a) there shall be strictly no refund with respect of the OPENKOM’s Fees that you paid for your Account, your access to and use of the OPENKOM’s Services, unless there are reasonable grounds for refund, which will be determined at the sole discretion of OPENKOM; and
(b) there shall be also strictly no refund once the Merchant’s Products and Services and Delivery Services have been rendered through the Platform, unless there are reasonable grounds for refund, which will be determined at the sole discretion of OPENKOM.
7.2 For the avoidance of doubt, there will be no refunds of any Fees in the event that your Account is suspended or deactivated due to a breach (whether actual or potential) of these Terms.
7.3 For any refund requests, kindly contact us via our in-app customer support chat feature or email us at support@openkom.com.
8. OPENKOM User Reward System
User Points
8.1 The Users may earn user points (“User Points”) by the following activities:
(a) purchasing any Merchant’s Products and Services and/ or Delivery Services;
(b) completing certain tasks or requests as determined by OPENKOM from time to time (such as providing feedback or reviews and daily check in to the OPENKOM’s application).
8.2 The User Points credited to the Users’ account have no monetary value, do not constitute the Users’ property and cannot be purchased, sold, transferred or redeemed for cash by the User.
Redemption of User Points
8.3 Subject to any cap imposed by OPENKOM and at its sole discretion as to the right of redemption of the User Points and type of rewards available for redemption, Users may redeem the User Point earned for specific rewards (subject to availability, on a first come first serve basis) as determined by OPENKOM from time to time, in its sole discretion.
8.4 The rewards redeemed cannot be (i) purchased, sold, transferred or redeemed for cash by the User or (ii) redeemed for use by another person which is not the user making the redemption (unless otherwise provided by OPENKOM).
8.5 For the avoidance of doubt, at all times, OPENKOM does not guarantee that you will be able to redeem any specific reward, as the rewards are subject to availability on a first come first serve basis.
8.6 The User Points redeemed will be deducted from your Account. Each User Points may come with an expiry date, as determined by OPENKOM.
8.7 OPENKOM reserves the right to (i) discontinue the User Points reward system at any time at its sole discretion and/or (ii) cancel or suspend your right to participate in the User Points reward system, including the ability to earn and redeem User Points, at its sole discretion.
User Level
8.8 The level of the User will be determined based on the total number of valid User Points earned by the User. The specific amount of User Points required for each level will be determined by OPENKOM.
8.9 Users with higher levels will receive more prioritization, as determined by OPENKOM from time to time, which may include benefits such as discounts or free delivery fees.
9. Vouchers, Discounts and Promotions
9.1 From time to time, OPENKOM or the Merchant may run marketing and promotional campaigns which offer certain voucher codes, discounts, and other promotional offers to be used on the Platforms (collectively as “Vouchers”).
9.2 You understand that Vouchers are subject to validity periods, redemption periods, use restrictions, limits and/or other availability.
9.3 You understand that Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions (including Merchant’s specific terms) may apply to Vouchers.
9.4 Unless otherwise stated, the Vouchers can only be used on our Platforms, and they can be redeemed by selecting the payment mode as Vouchers.
9.5 You understand that the Vouchers are non-exchangeable, non-refundable, non-transferable and cannot be exchanged for cash.
9.6 OPENKOM reserves the right to void, discontinue or reject the use of any Vouchers at any time without prior notice for reasons including but not limited to:
(a) any suspected violation of applicable laws, rules and regulations; or
(b) any suspected fraudulent or illegal transaction
9.7 OPENKOM may at its sole discretion forfeit, exclude, disqualify or refuse your use of Vouchers redemption from certain Merchant, at any time without prior notice.
10. Privacy
10.1 Your privacy is very important to us at OPENKOM and we have provided the OPENKOM Privacy Policy, which can be found at here, to explain our privacy practices. Please review our Privacy Policy to understand the information and documents that OPENKOM will collect from you and how OPENKOM collects, uses and discloses information collected and received from you.
10.2 If you come in possession of another User’s (the “Disclosing Party”) personal data through the use of the OPENKOM’s Services, you hereby agree that, you will:
(a) comply with all applicable personal data protection laws with respect to any such data;
(b) allow the Disclosing Party whose personal data you collected to remove his or her data so collected from your database; and
(c) allow the Disclosing Party to review what information have been collected by you, in each case of (a) and (b) above, in compliance with and where required by applicable laws.
11. Limitation of Liability
11.1 Pursuant to Clause 2.1 above, OPENKOM’s Platforms act primarily as a venue for:
(a) Consumer to purchase Merchant’s Products and Services and Delivery Service;
(b) Merchant to list and provide Merchant’s Products and Services to the Consumer; and
(c) Service Provider to provide Delivery Services to the Consumer.
11.2 OPENKOM does not pre-screen Users or the contents provided by a User, nor is OPENKOM directly involved in transactions between the Platforms’ Users. Consequently, to the maximum extent permitted by law, you understand that OPENKOM has no control over, and OPENKOM is not responsible or liable for, any of the following:
(a) the accuracy, reliability and completeness of any information provided by the Users on the Platforms;
(b) the reliability, timeliness, quality, suitability, availability, accurate and completeness of the Merchant’s Products and Services (including Vouchers) and Delivery Services provided by the Merchant and Service Provider;
(c) the ability of Merchant to provide the Merchant’s Products and Services, the ability of the Service Provider to provide Delivery Services or the ability of Consumer to pay for the Merchant’s Products and Services and Delivery Services; and
(d) the true identity of the Users.
11.3 You understand that OPENKOM does not represent or warrant that:
(a) the use of the OPENKOM’s Service and Platforms will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
(b) the OPENKOM’s Service will meet your requirements or expectations;
(c) any stored data will be accurate or reliable;
(d) errors or defects in the Platforms will be corrected; or
(e) the server that makes the Platforms available are free of viruses or other harmful components.
11.4 You also understand that the OPENKOM’s Services may be subject to limitations, delays and other problems inherent in the use the internet and electronic communications including the device used by you or other Users being faulty, not connected, out of range of mobile signals or functioning incorrectly. OPENKOM is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
11.5 You are encouraged to use our in-app customer support chat feature chat to communicate with other Users and/or to find out more about the products and/ or services listed on the Platforms. However, please exercise common sense and good judgment in your interactions with other Users. While OPENKOM endeavours to keep the OPENKOM’s Services safe for everyone, your use of the OPENKOM’s Services and your interactions with other Users is entirely at your own risk.
11.6 You agree that the entire risk arising out of your use of the Platforms and OPENKOM’s Services remains solely with you, to the full extent permitted under the laws of Malaysia. You understand that there are risks, including but not limited to the risk of physical harm, when dealing with strangers, foreign nationals, underage persons, or people acting under false identities. You assume all risks associated with interacting with other Users you come into contact with through the Platforms.
11.7 You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the OPENKOM’s Services is to delete your Account and/or discontinuance of any use of the OPENKOM’s Services.
11.8 In no event shall OPENKOM or its subsidiaries, affiliates, partners, suppliers or licensors be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use OPENKOM’s Services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other Users in connection with the use of the OPENKOM’s Services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other Users and/or any other persons you meet through the OPENKOM’s Services, whether or not the damages were foreseeable. Without limiting the generality of the foregoing, OPENKOM’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fees received by OPENKOM in respect of the OPENKOM’s Services giving rise to such claims.
11.9 For the avoidance of doubt, any disputes that arise between you and any other User of the Platforms are to be resolved directly between the parties involved. OPENKOM shall not be held liable for any disputes, claims, or damages resulting from the transactions between the Users via our Platforms.
11.10 For avoidance of doubt, nothing in these Terms creates, implies or evidences the relationship of employer and employee, or principal and agent or to constitute a partnership or joint venture between OPENKOM and the Users.
12. Indemnity
You agree to defend, indemnify, and hold harmless OPENKOM and its subsidiaries, affiliates, partners, suppliers, licensee and licensors, and their shareholders, employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
12.1 your use of the OPENKOM’s Services and your Account;
12.2 your breach of these Terms;
12.3 your breach of any statutory requirement, duty or law; or
12.4 your violation of any rights of another person or entity.
13. Suspension, Deactivation and Deletion of Your Account
13.1 OPENKOM reserves the right to, at its sole discretion, and without liability:
(a) suspend or deactivate your Account and/or your access to the OPENKOM’s Services at any time, for any breach of these Terms or any additional terms and conditions and policies;
(b) suspend or deactivate your Account and/or your access to the OPENKOM’s Services at any time, for any reason, and without advance notice;
(c) change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the OPENKOM’s Services at any time, for any reason, and without advance notice; and/or
(d) suspend or deactivate your Account and/or your access to the OPENKOM’s Services at any time, in the event of any act, threats of, verbal and/or written abuse against any Users, OPENKOM’s employees, representatives and/or officer.
13.2 While OPENKOM reserves its right to suspend or deactivate your Account, you have the right to delete your Account by yourself at any time.
13.3 You acknowledge upon the deactivation and deletion of your Account:
(a) you will lose any information associated with your Account; and
(b) all licenses and rights granted to you in these Terms will immediately cease.
13.4 Upon deactivation of your Account, your data will be anonymised or deleted by us, with the exception of the data that we are required to keep for legal purposes. This data will be anonymised at the end of the legal retention period in the jurisdiction(s) where OPENKOM operates.
14. Intellectual Property
14.1 You acknowledge and agree that the OPENKOM’s Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of OPENKOM. Furthermore, you acknowledge and agree that the source and object code of the OPENKOM’s Services and the format, directories, queries, algorithms, structure and organization of the OPENKOM’s Services are the intellectual property and proprietary and confidential information of OPENKOM. You are not granted any intellectual property rights in and to the OPENKOM’s Services not expressly granted in these Terms and such rights are hereby reserved and retained by OPENKOM.
14.2 You are not authorised by OPENKOM to use OPENKOM’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of OPENKOM, which may be withheld for any or no reason.
15. Severability
If at any material time, during the subsistence of the Terms, there are changes to laws, regulations, by-laws or otherwise, which may render any of the Terms illegal, invalid or otherwise unenforceable in any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in force and effect and continue to be binding on all parties herein concerned.
16. Governing Law and Jurisdiction
You hereby agree that the laws of Malaysia shall govern this Terms and that the courts of Malaysia shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
17. Contact Information
If you have any questions about these terms, please contact us through our in-app customer support chat feature or at support@openkom.com.
