1. Definitions

For the purposes of these Terms of Service, the following expressions or capitalized words when used herein shall have the following meaning:-

• “Plzlogin," "we", "us" or "our” refers to Plzlogin Sdn Bhd (1349152-P);
• “Merchants”, “you” or “your” refers to the individual, organisation or legal entity which registers for and/or uses the Service, and where the context so demands, shall include your directors, officers, employees and representatives;
• “Service” refers to Plzlogin which is an e-KYC (Know-Your-Customer) service to assist Merchants in the verification of their online customers. Where applicable, the term shall include Plzlogin’s authentication application programming interfaces (APIs) and any other features, functionalities and technology in connection with the Service or which Plzlogin may add from time to time.
  

2. Registration for Service

2.1 If you are entering into these Terms of Service as an individual, the term “you” refers to you, the individual registering for the Service. If you are entering into this agreement on behalf of an organisation, company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service, and in which case, the term “you” shall refer to such entity. If you do not have such authority or if you do not agree with these Terms of Service, you must not register for or use the Service.

2.2 By registering for and/or using the Service, you represent that:

1. all information and data supplied by you is accurate, true, complete and current. You consent to the processing of your personal data in accordance with our Privacy Policy (which can be accessed here); and
2. you accept and agree to comply with and be bound by all provisions governing the Service and all applicable laws.
   

3. Use of the Service

3.1 You will not in connection with the Service, and will not permit or authorise other parties to:

1. use or attempt to use the Service in any way or for any purpose other than as intended by us;
2. manipulate the Service or use the Service to engage in any unlawful, unauthorised or fraudulent activities;
3. use the Service to provide services to other parties (e.g. as a business or service agency);
4. do anything which disrupts, interferes or interrupts with the proper operation of the Service;
5. use the Service in any way which undermines or infringes on our rights or the rights of any third party;
6. breach, circumvent, tamper with or disable any security or other technological features or measures of the Service;
7. attempt to probe, scan or test the vulnerability of any systems or software related to the Service, including penetration or load tests;
8. attempt to discover the underlying structure, technology or algorithms of the Service; and/or
9. tamper with, misuse, reverse engineer, infect or cause any harm to the Service or its functionality.

3.2 In using the Service, you agree and represent that you will:

1. take all reasonable security measures and steps including keeping your password confidential to prevent third parties from gaining unauthorised access to your registration or the Service;
2. use the Service entirely at your own risk and be responsible and liable for all decisions, actions taken by you or any activities deriving from your registration and/or use of the Service;
3. keep us fully indemnified against any losses, damages, expenses, rights, claims or liabilities whatsoever you may suffer or which may arise from any act, default or omission of your customers or other third parties;
4. cooperate and assist us with any actions to prevent or terminate unauthorised use of the Service; and
5. use the Service in compliance with all applicable laws and will indemnify and hold us and our affiliated companies, directors, officers and employees harmless from any losses, damages, expenses, rights, claims and actions of any kind arising out of or relating to your use of the Service or any violation of these Terms of Service.

3.3 Plzlogin reserves to itself all rights to the Service not expressly granted to you in accordance with these Terms of Service. You agree that you do not have any rights to the Service except as expressly granted by us.

4. Fees and Charges

4.1 The Service is provided on a charge-free basis. Notwithstanding, Plzlogin reserves the right and shall have the absolute discretion to impose a fee or other charges for the Service as it deems fit in the future.

5. Termination

5.1 Without prejudice to any other rights or remedies we may have, you agree that we may at our absolute discretion and without liability to you, with or without prior notice, modify, suspend or terminate the Service or your use of the Service or any part thereof, for causes including but not limited to the following:  

1. your violation or breach of any of these Terms of Service;  
2. your failure, delay or neglect to pay fees or other charges (if any) due for the Service;  
3. pursuant to a request by any governmental or law enforcement body or agency;  
4. for maintenance, repairs, improvements or other works related to the Service;  
5. pursuant to unexpected software, technical or other related issues impacting the security or functionality of the Service;  
6. for suspicious activities;  
7. in the event of a force majeure event or other unforeseen circumstances necessitating suspension or termination;  
8. in the event of discontinuation of the Service at our discretion for whatsoever reason; and/or  
9. in any circumstances which we deem prudent or necessary.
   

6. Disclaimer

6.1 THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO TITLE OR NON-INFRINGEMENT, OR THAT THE SERVICE OR ANY FEATURE OF THE SERVICE SHALL BE FIT FOR ANY PARTICULAR PURPOSE, ACCURATE, UP-TO-DATE, ERROR-FREE, SECURE, RELIABLE, OR THAT THE SERVICE IS OF A PARTICULAR QUALITY OR YOUR USE OF THE SERVICE WILL PRODUCE CERTAIN RESULTS. YOU ARE AWARE AND ACKNOWLEDGE THAT THE SERVICE MAY RELY ON THIRD PARTY TECHNOLOGIES AND FACILITIES THAT ARE NOT WITHIN OUR CONTROL. YOU ARE ALSO AWARE OF THE LIMITATIONS AND CHARACTERISTICS OF THE INTERNET AND DIGITAL NETWORKS AND THAT DATA MAY BE CORRUPTED, DIVERTED, DELAYED OR LOST DESPITE SECURITY AND OTHER MEASURES TAKEN BY US. YOU AGREE NOT TO HOLD US LIABLE FOR ANY SUCH OCCURRENCES, INCIDENTS OR OTHER PERFORMANCE/OPERATIONS FAILURES OR INTERRUPTIONS.

6.2 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL RELY ON YOUR OWN REVIEW AND EVALUATION OF THE SUITABILITY OF THE SERVICE FOR YOUR PARTICULAR PURPOSE. YOU AGREE THAT THE SERVICE IS NOT INTENDED TO REPLACE YOUR INDEPENDENT KYC PROCESSES AND THAT YOU ARE RESPONSIBLE TO VERIFY AND BE FULLY SATISFIED WITH THE IDENTITY OF THE PARTIES YOU TRANSACT WITH THROUGH YOUR INDEPENDENT PROCESSES. YOU ACCEPT THAT YOUR SOLE REMEDY AGAINST US IN THE EVENT OF DISSATISFACTION WITH THE SERVICE IS TO CEASE USING THE SERVICE.

7. Limitation of Liability

7.1 To the maximum extent permitted by applicable law, in no event shall Plzlogin, its affiliated companies, directors, officers or employees, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, data, business, opportunities or other intangible losses, or the cost of procurement of substitute goods, service or technology, or any matter beyond its reasonable control. Without limiting the foregoing, under no circumstances will Plzlogin be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or your account or the information or content contained therein.

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7.2 To the maximum extent permitted by applicable law, Plzlogin assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Plzlogin has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

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7.3 Your acceptance of the limitations set out in this Clause 7 is an essential term for use of the Service and you acknowledge that we would not have otherwise agreed to provide the Service to you without your agreement to this term.

7.4 You agree that if any part of this clause is deemed inapplicable for any reason, all other parts or provisions hereof will continue to apply to their fullest intent and extent possible.

8. Indemnity

You agree to indemnify Plzlogin including its directors, officers and employees, representatives and its holding, subsidiary and affiliated companies, to the fullest extent possible, from and against all liabilities, costs, demands or claims whatsoever, including reasonable legal fees, which may be incurred or made by any party in connection with or arising from:  (i) a breach by you of any of the provisions of these Terms of Service or any applicable law or regulation;  (ii) violation by you or your customers of any rights of any third party;  (iii) your use or misuse of the Service;  and/or (iv) your default, negligence, act or omission relating to the Service.

9. Intellectual Property Rights

9.1 You should assume that all software, APIs, systems, network and technology in connection with the Service and our website including any graphics, logos, text, photographs, user interfaces, sounds, music, design, “look and feel”, and the expression and arrangement of content, is owned, controlled by or licensed to Plzlogin and/or protected by copyright, trademark or other intellectual property rights.

9.2 Save as expressly provided in the Terms of Service, no licence or right is granted to you by implication, estoppel or otherwise and you may not use, copy, reproduce, sublicense, transmit or distribute any component of the Service or our website without our prior written consent.

9.3 You undertake that you will not reverse engineer, decompile, disassemble or translate any portion of the Service, our website, or any part thereof or attempt in any way to discover, derive or reconstruct any source code, schema or algorithms of thereof by any means whatsoever.

10. Privacy and Data Protection Obligations

10.1 The Privacy Policy sets out how we may use and process the data we have of you. You accept our Privacy Policy (which can be accessed here) and agree that it forms an essential and integral part of these Terms of Service.

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10.2 You represent and warrant that the information provided to us when registering for the Service is true, accurate, current and complete. In the event that you have provided us with personal data of any other persons or party for the purposes of the Service, you represent and warrant that you have all necessary consents from such parties, shall continue to maintain such consents as required, and shall be responsible for having provided us such data.

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10.3 You consent to our use of the personal data in accordance with the terms of our Privacy Policy. You agree that by registering an account with us and/or using the Service, you have authorised and consented to the personal data being transferred, disclosed to and/or processed by such third parties as may be necessary for the purposes of providing the Service to you.

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10.4 We have implemented reasonable technical and organisational measures designed to secure your personal data from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal data for improper purposes. You acknowledge that you provide your personal data at your own risk.

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10.5 You understand and accept that anonymised usage and quality statistics obtained from the use of the Service by you may be stored and analysed by us.

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10.6 You accept that we may be required to revise our Privacy Policy from time to time. All revisions will be notified through our website. Your continued use of the Service shall mean that you have agreed and consented to our Privacy Policy, as revised.

11. General Provisions

11.1 These Terms of Service constitutes the entire agreement between us and supersedes all previous agreements, representations and understandings between us, whether written or oral.

11.2 We reserve the right to amend, add or remove any provisions of these Terms of Service at any time as we deem necessary. Changes shall become effective immediately upon upload and publication on our website. Your continued use of the Service shall constitute your acceptance of the prevailing Terms of Service. You are responsible to regularly check these Terms of Service for updates or amendments.

11.3 If any provision of these Terms of Service or any part of such provision is found by any court to be invalid, void or unenforceable under any applicable law, then such provision shall be excluded or deleted from these Terms of Service to the limited extent necessary without affecting the validity and enforceability of the remaining provisions which shall continue to apply to the fullest extent.

11.4 Our failure to enforce or insist on strict performance of any of these Terms of Service shall not be construed as a waiver of any provision or right herein unless such waiver is made in writing to you.

11.5 The provisions herein that by their sense, nature and context, are intended to survive performance by either party or both parties shall survive the expiry or termination of these Terms of Service and continue in full force and effect including without limitation provisions as to liabilities, indemnities, warranties, personal data protection and intellectual property rights.

11.6 These Terms of Service may not be construed or interpreted to confer any rights or remedies on any third parties.

11.7 These Terms of Service shall be binding on your successors-in-title and permitted assigns.

11.8 The obligations, rights and licenses (if any) granted hereunder may not be transferred or assigned by you, but may be assigned by Plzlogin without restriction.

11.9 In the event of a dispute between the English and non-English versions of these Terms of Service, the English version shall be the prevailing and governing version.

11.10 These Terms of Service are governed by the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the courts of Malaysia.