Terms and Conditions of Use Malaysia
Effective date: 4 August 2020
You are accessing a secured Software as a Service (“SaaS”) website-based application (the “Website”) created and managed by BetterTradeOff Solutions Pte Ltd (“BTOS”; also “we” or “us” or “our”). By accessing the Website in any way, you agree to the Terms and Conditions of Use (“Terms”) set out below. Please do not use any of our services if you do not accept these Terms and Conditions of Use. These Terms and Conditions of Use are a legally binding agreement between you and us and it is important that you take the time to read them carefully
1. Special Notice on Financial Advice
1.1. You agree that neither BTOS nor the Website does provide anything that can, or should, be viewed as “financial advice” or any other activity regulated by Securities Commission Malaysia You agree that representation of advice or financial products, especially where they are “forward-looking” or based on market assumptions, must be provided by an appropriately-licensed adviser/institution.
1.2. You agree that adviser/institution/third-parties may use the Website as a tool to enhance their recommendations, but the responsibilities and obligations are owned by the adviser/institution/third-parties, and not BTOS.
2. Special Notice on Information Disclosure
2.1. Any information provided to BTOS (via the Website and/or other means such as email) is not considered as completion of the legal obligation to provide personally-detailed and accurate financial information to a regulated and licensed adviser/institution.
2.2. Before making any financial decision or purchasing any service/product, you agree that you have independently disclosed your detailed financial situation to a licensed adviser/institution and received proper personal guidance from the licensed adviser/institution.
3. Updates or Amendments to the Terms
3.1. These Terms may be updated or amended by us from time to time without prior notice to you. The updated or amended Terms will be posted on the Website, and they take effect automatically from the date of posting on the Website.
3.2. You are responsible for ensuring that you are familiar with the latest Terms. These Terms and any subsequent updates or amendments to the Terms are considered accepted and effective upon you by your continued access to the Website, whether you agree to contract for BTOS services or not.
4. Intellectual Property Rights
4.1. The Website contains copyrighted material, trademarks, patents, registered designs, trade secrets, and other proprietary information (“Intellectual Property”) of BTOS and/or third parties. You agree that BTOS and/or third parties own all legal rights, titles, and interests in and to the Intellectual Property subsisting in the information, materials, and content (including designs, brand names, product names, software, text, functions, calculations, suggestions, methods, and graphics) on the Website.
4.2. You agree that nothing on the Website may be copied, reproduced, derived, mimicked, referenced, modified, de-compiled, misused, or downloaded without the express permission in writing of the content owner (whether BTOS or a third party). Unless otherwise stated, BTOS does not permit the use of any proprietary material on the Website in any way whatsoever.
4.3. If you provide us with ideas, comments, or suggestions relating to the Website (any “feedback”):
(a) all Intellectual Property rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications, or derivative works), are owned solely by us;
(b) you waive all so-called “moral rights” you may have in that feedback; and
(c) we may use, distribute, license, sub-license, or disclose that feedback for any purpose.
5. Your Obligations
5.1. You accept that you are responsible for any content that you post or transmit on, or through, the Website.
5.2. You agree to use the Website in a manner consistent with all applicable laws and regulations of your jurisdiction of current access, residence, and at all times those of Malaysia.
5.3. By posting or transmitting on, or through, the Website, you warrant and agree that content submitted by you will not:
(a) violate any laws, regulatory requirements, or codes applicable in Singapore;
(b) be defamatory, abusive, offensive, or otherwise create cause for an action;
(c) infringe any copyright, trade mark, or other proprietary right of any person;
(d) misuse confidential information of BTOS or a third party;
(e) undermine the security or integrity of the Website by introducing software viruses or any other computer code, files, or programs designed to:
i. affect adversely any computer software, hardware, or telecommunications equipment;
ii. advertise or promote any products or services;
iii. cause any nuisance, annoyance, or inconvenience, whether to BTOS customers or anyone else;
iv. use any tool, probe, “spider”, “ferret”, robot, automation, AI, algorithm, or other method/device/process to monitor our Website without the written permission of BTOS; and
v. interfere, or attempt to interfere, with the proper working of the Website, or to impose an unreasonable or disproportionately large load on the servers serving the Website.
5.4. You agree that you will not access the Website to gain a working understanding of the techniques, methods, formulas, calculations, or reference materials in an attempt to compete with BTOS (generally referred to as “reverse engineering”) in order to copy or duplicate the functional or visual outcomes of the Website.
5.5. You agree that BTOS has the right, but not the obligation, in its sole discretion to monitor, block, or remove any content available through the Website.
6. Your Account and Privacy
6.1. If any portion of the Website requires you to register or open an account, you must provide accurate and complete registration information. You are fully responsible for all use of your account and for any acts that may take place using your account.
6.2. You must not disclose your password to any person. You must not permit or authorize any person to use your login name or password for any purpose whatsoever.
6.3. During your use of the Website, we may issue to, and request from your computer, blocks of data known as “cookies” to enable more convenient browsing when you revisit the Website. By accepting these Terms, you accept the BTOS Cookies Policy (https://www.bettertradeoff.com/cookies-policy/).
6.4. The BTOS Privacy and Data Protection Notice (https://www.bettertradeoff.com/MYprivacy-policy/) (“Privacy and Data Protection Notice”), as amended from time to time, is hereby incorporated by reference in these Terms. The ways in which BTOS collects, uses, and discloses your Personal Data are regulated by the Privacy and Data Protection Notice in accordance with the applicable laws and provisions, notably the PDPA Act 2010 of and in Malaysia.
7. Disclaimer & Limitation of Liability
7.1. The information and content on the Website may be incomplete, incorrect, or out-of-date. BTOS makes no warranty, guarantee, or representation whatsoever as to the Website’s operation, availability, functionality, or otherwise.
7.2. You assume total responsibility and risk for your use of the Website and any referenced or embedded links of any kind. The Website and any software made available on the Website are provided on an “as is” basis.
7.3. BTOS does not assume any legal liability or responsibility for the accuracy, completeness, applicability, or usefulness of any information, product, calculation, or process disclosed on the Website. You agree that BTOS shall not be liable to you for any losses or damages whatsoever, arising out of the use of, or inability to use, the Website.
7.4. The Website may contain links or references to third-party websites or feeds. Any link or reference does not imply that we endorse, approve, or recommend, or have responsibility for, those third-party websites, or feeds, or their content, or operators. For a list of named third-party components, please refer to them hereto in a later section of these Terms.
7.5. Different exclusions and limitations of liability may apply to the provision of specific goods or services by BTOS, which will be set out in the terms and conditions relating to the provision of that specific good or service.
7.6. If you are dissatisfied with any portion of the Website, or these Terms, you must discontinue using the Website.
8.1. BTOS may suspend or delete your account, or delete any content posted by you, or associated with you, if BTOS believes that there has been a breach of these Terms, or any other governing policies, laws, regulations, or codes of conduct, at its sole discretion, with or without notice.
8.2. Termination of these Terms does not affect the rights and obligations of BTOS, or you, which had accrued before that termination.
8.3. For the avoidance of doubt, clauses which, by their nature, are intended to survive termination of these Terms, include clauses: 4.1 to 4.3, 8.2, 10.1, 12.4 and 12.5, continue in force indefinitely.
9. Force Majeure
9.1. An “Event of Force Majeure” means an act of God including but not limited to fire, storm, tempest, explosion, accident, breakdown of plant or machinery, strike and/or industrial dispute, war, civil strike or commotion, act of foreign enemy, hostilities (whether war be declared or not), law, or act of [or authorised by], a government.
9.2. Neither BTOS nor you would be liable to the other for any failure to perform the obligations under these Terms, to the extent caused by an Event of Force Majeure
10.1. You agree to fully and effectively indemnify and hold BTOS and each of its directors, officers, affiliates, and employees, harmless from and against any loss, liability, action, claim, demand, and damages (including any damages or compensation paid by/for/to BTOS to compromise or settle any claim) and all legal costs or other expenses arising out of, or in connection with:
(a) any content posted by you or through your account;
(b) your use of the Website;
(c) your breach of any of these Terms; or
(d) your breach of any other governing policies, laws, regulations, or codes of conduct related to these Terms or the Website.
11. Complaints and Resolution of Disputes
11.1. We care about the quality of the experience provided to our users. If you have any feedback or would like to lodge a complaint, you can do so by emailing us at “firstname.lastname@example.org”.
12.1. The section titles in these Terms are for convenience only.
12.2. Any failure to insist upon or enforce strict performance of any provision of these Terms by BTOS shall not be construed as a waiver of any provision or right by BTOS.
12.3. If any part or provision of these Terms is, or becomes, illegal, unenforceable, or invalid, then only that part or provision is deemed to be modified, to the extent required to remedy the illegality, unenforceability, or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
12.4. These Terms shall be governed by, and construed in accordance with, the laws of Malaysia in the English language. BTOS and you agree to submit to the exclusive jurisdiction of the courts of Malaysia in relation to any dispute connected with these Terms or the Website and exclude any Rights of Third Parties.
12.5. All disputes, controversies or differences ('dispute') arising out of or in connection with these Terms and Conditions of Use, including any questions regarding its existence, validity or termination, shall first be referred to mediation in Malaysia, in accordance with the Law Society Mediation Rules for the time being in force