Sprii Commerce!

TERMS OF USE

1. INTRODUCTION

  • 1.1 These terms of use (hereinafter shall be referred to as the “Terms”) shall also be known as the terms and conditions, and shall be applicable to our Platform and Services unless otherwise expressly stated by us.
  • 1.2 These Terms shall be used and applicable to all of THE GROUP’s members, alliances, affiliates, brands, products and services.
  • 1.3 You are advised to read these Terms as these Terms describe the rules on our relationship, and shall effect as a legal agreement between THE GROUP and you.
  • 1.4 By browsing, accessing, using, downloading, and/or installing our Platform and/or purchasing and/or subscribing to our Services, you unconditionally and irrevocably agree to be bound by these Terms without limitation or qualification.

2. WELCOME TO THE GROUP ’S PLATFORM AND SERVICES

  • 2.1 Thank you for signing up to our Platform and/or Services.
  • 2.2 By clicking “Register or Sign up” button, completing the registration process, and/or using our Services, including reading, browsing and/or using our Platform, you represent that you have read, understand, and agree to be bound by these Terms. If you do not agree with these Terms, please do not proceed to use our Platform and/or our Services.
  • 2.3 You acknowledge and agree that features and functionalities on our Platform are still under development and have been released to you on a trial-basis (until further notice).

3. DEFINITIONS AND INTERPRETATIONS

  • 3.1 “Account” means the account registered by User for any of our Platform;
  • 3.2 “App” means our mobile application(s) in providing relevant Services to our Users;
  • 3.3 “Authorised Third Parties” has the same meaning as described in our Privacy Policy;
  • 3.4 “Client” or “Clients” means individual(s) who has/have registered, subscribed, ordered and/or purchased any of our Services offered under our Portfolios;
  • 4.5 “Merchant” or “Merchants” means our registered merchant(s) who provide(s) and/or sell(s) goods and/or services, offered through our Platform;
  • 3.6 “Platform” means and includes our Website, App, and/or any other medium (be it electronic or non-electronic) offered, provided, make available, and hosted by THE GROUP under any of its Portfolios.
  • 3.7 “Privacy Notice” means our notices in both Bahasa Malaysia and English pursuant to section 7 of the Personal Data Protection Act 2010, and shall be read together with these Terms. For the purpose of these Terms, Privacy Notice shall also include our Privacy Policy;
  • 3.8 “Services” means our Portfolios offered and provided by us through our Platform, and to some extent, services and products offered and provided by our Authorized Third Parties;
  • 3.9 “THE GROUP” or “we” or “us” or “our” means Asiaque Techline Sdn Bhd, its group of companies, its official alliances and affiliates, and products and services (as listed in clause 5.2 herein), and to certain extent as may be determined by us from time to time, which may also include its Authorised Third Parties;
  • 3.10 “Portfolio” or “Portfolios” means our business portfolio(s) as prescribed under clause 5.1 herein;
  • 3.11 “User” or “Users” means the person(s) who register(s), access(es), visit(s) and/or use(s) our Platform, and shall include our Clients; and
  • 3.12 “Website” means all websites under, provided, make available, and/or hosted by THE GROUP;

4. OUR PORTFOLIOS AND GROUP MEMBERS

  • 4.1 THE GROUP’s portfolios are as follows:
    1. Intelligent Operation: We assist our Clients to transform their operations through industrialized business process expertise, technology, applied intelligence and data;
    2. Product Development: We provide services that develop products that meet our Clients’ needs in driving their business growth and increase profitability;
    3. Application Maintenance Services: We assist our Clients in revolutionizing the way applications are developed and managed;
    4. Technology and Digital: We assist small and medium enterprises (“SMEs”) to transform their businesses and innovative ideas;
    5. Blockchain Services: We provide services to our Clients in evaluating, designing and developing enterprise blockchain; and
    6. Analytics and Artificial Intelligence (“AI”): We assist our Clients to develop analytics and AI solutions.
  • 4.2 THE GROUP’s affiliates, alliances, brands, products and services are as follows:
    1. Asiaque Techline Sdn Bhd
    2. Binary Vintage Sdn Bhd
    3. Simajji Concept Sdn Bhd
      1. CoDesk
      2. Sprii Commerce
      3. SimSprii
      4. Spaak
    4. Cosmic Media Sdn Bhd
      1. EDB
    5. AppEngage Sdn Bhd
      1. SaaS Hosting
      2. Sprii Commerce
    6. CubiqSoft Sdn Bhd
      1. UNiD
    7. One Eighty Event Sdn Bhd
      1. Flip
      2. Evunity
    8. EatFun Sdn Bhd
      1. EatFun

5. USE OF OUR SERVICES

  • 5.1 By registering an Account through any of our Platform, you confirm that you are 18 years of age, or above. In the event that you are below the age of 18 years old, you undertake that you shall and have obtained your parent or legal guardian’s consent to use our Platform and/or Services. Your parent or legal guardian shall be responsible for your use of our Platform and/or Services.
  • 5.2 You confirm that all information provided to us in your Account is true, accurate and complete, and you agree to provide us with your up-to-date information, including but not limited to, personal identification, verification or other documentation as we may request from time to time.
  • 5.3 We reserve the right to reject or refuse your application and registration for an Account with us without the need to provide any reason.
  • 5.4 In browsing, accessing and/or using our Platform you agree that you will not:
    1. use any device, software, process or means to interfere or attempt to interfere with the proper working of our Platform;
    2. undertake any action that will impose a burden or make excessive traffic demands on our Platform or infrastructures that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
    3. transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
    4. use our Platform or any content from our Platform in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;
    5. violate the rights of any person, including intellectual property rights, trade secret, privacy right, or any proprietary right;
    6. pose or disguise as any person, or entity, and/or attempt to solicit money, passwords or personal data from any person;
    7. act in violation of any of these Terms, or other conditions as may be imposed by us from time to time, or any applicable law;
    8. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Platform or any content on our Platform, except as expressly authorised by us; or
    9. transmit or attempt to transmit any computer viruses, worms, defects, malware, adware, spyware, or anything that is destructive in nature or anything that may affect our servers and/or system, and not limited our Platform.
  • 5.5 We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person, entity, and/or authority.

6. FEES AND POINTS REWARDS PROGRAMME

  • 6.1 In using or subscribing to any of our Services, THE GROUP shall have the right to impose fees or charges to the Users at the determined and prescribed fees or charges.
  • 6.2 Fees or charges imposed under clause 7.1 above are exclusive of statutory taxes and/or other charges as may be imposed by the Government of Malaysia and/or other authorities.
  • 6.3 THE GROUP reserves the right to discontinue and/or terminate our Users’ purchase or subscription to any of our Services if our Users fail to pay the fees or charges imposed on them for the usage of such Services.
  • 6.4 THE GROUP may also introduce or offer points rewards programme, cash back, affiliates, and referrals programme to our Users. We reserve the right to structure and/or restructure this points rewards programme whenever we think necessary and relevant.
  • 6.5 We shall also have the right to end or terminate the points rewards programme under clause 7.4 above, with or without notice to our Users, and we shall not be held responsible for such termination and our Users shall not be entitled to claim any form of compensation for any loss arising therefrom.
  • 6.6 You shall refer to our FAQ, explanations, guidelines or policies on fees or charges imposed under clause 7.1 above, and on points rewards programme under clause 7.4 above. Such FAQ, explanations, guidelines or policies are available to be referred on our Platform.

7. REFUND POLICY

  • 7.1 If you need a refund in respect of any fees or payments made towards purchases made through our Platform, please contact us via email, subject to our satisfaction that your balance was wrongly deducted from your Account through our Platform due to:
    1. (i)technical error(s) of our Platform where your attempted transaction(s) do(es) not go through; or
    2. any of our Services order or purchased through our Platform was not made available, we may refund such credit into your Account, or to your banking account as may be required.
  • 7.2 We reserve our right not to refund any disputed amount arising from disputed transaction(s) to you if we believed that you have acted in contrary to any of these Terms.
  • 7.3 In the event your Account is terminated or suspended by us due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law or regulations, it shall be lawful for us to retain for an indefinite period (subject to the provisions under the Unclaimed Money Act 1965 or any other law) or release the balance in your Account to the relevant authority(ies) in accordance with the applicable laws. You shall not be entitled to claim any form of compensation for any loss arising therefrom.

8. COPYRIGHT

  • 8.1 We reserve our copyrights on all information, description, attachment, or whatever write-ups (publications) that are available and accessible from our Platform.
  • 8.2 Apart from fair dealing permitted by the Malaysia Copyright Act 1987, the we grant the Users to our Platform the permission to download copyrighted material only for private and non-commercial purposes. For reproduction or use of any of our copyright material beyond such use, written permission must be obtained directly from us.

9. THIRD PARTY CONTENT

  • 9.1 Our Platform may contain contents provided to us by other parties (“Third Party Content”). We do not have a practice of monitoring or making inquiries about Third Party Content on any of our Platform, and we shall not be held responsible and liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits suffered or incurred by or awarded against you under or in any way connected to our Platform and Services.
  • 9.2 We are not responsible for, do not endorse and make no representations, either expressly or impliedly, concerning to the Third Party Content. Third Party Content does not represent our views, business practice, or affiliations.
  • 9.3 Your reliance on any Third Party Content posted, published and/or accessible on our Platform is completely at your own risk.

10. THIRD PARTIES’ LIABILITY

  • 10.1 Our obligations stipulated herein are strictly for the purposes of our Platform and providing our Services to you. THE GROUP shall not be held responsible or liable for the goods, services or any transactions that you have ordered, purchased and/or entered into with any of our Authorised Third Parties via our Platform, if any.
  • 10.2 In the even of any dispute or claim (whether in the form of monetary or non-monetary), you shall resolve such dispute and/or claim directly with our relevant Authorised Third Parties.
  • 10.3 You shall be solely responsible for any fees charged by our Authorised Third Parties, financial institutions, and/or the payment of any tax, and/or any other duties or charges arising from the transaction undertaken by you with our Authorised Third Parties.

11. DISPUTE SETTLEMENT

  • 11.1 THE GROUP is keen in assisting our Clients for any inconvenience encountered by them when using our Services and/or Platform. In the event of any dispute, claims or enquiry regarding any of our Services and/or Platform (including your Account), you shall notify us or lodge a report in writing to our customer service at support@spriicommerce.com, within one (1) month from the date of such transaction(s), and you shall furnish with all necessary supporting documents and/or information as and when requested.
  • 11.2 THE GROUP shall not be held responsible for any dispute and/or claim if you are unable to notify us in writing within the period stipulated in sub-clause 12.1 above, and you are deemed to have agreed that the transaction(s) are accurate.
  • 11.3 Upon notifying or lodge a report to us under sub-clause 12.1 above, you agree and consent to the disclosure and release by us of any information in our possession for the purpose of investigating any dispute arising out of or in connection with the transaction(s).
  • 11.4 THE GROUP, upon receiving notifications and/or reports under sub-clause 12.1 above, shall take all reasonable steps and actions in dealing and settling your dispute(s) and/or claim(s) to the extent we deem reasonable under the law, and/or as what may have been agreed between us.
  • 11.5 As per disputes or claims lodged under clause 11 above, THE GROUP shall not be expected to liaise or become an intermediary for any report made by Users against our Authorised Third Parties. All reports on disputes and/or claims shall be made directly to the Authorised Third Parties.

12. INDEMNITY

  • You agree to indemnify and hold THE GROUP and our Authorized Third Parties against any and all loss, liability, claim or demand, arising out of, or in connection with your use of and access to our Platform not in accordance with these Terms.

13. TERMINATION AND SUSPENSION

  • 13.1 In the event that you want to terminate or delete your Account with us, you may contact us via email at support@spriicommerce.com.
  • 13.2 We may, with or without notice, suspend the operation of our Platform and/or our Services from time to time in the event of any security concerns or unexpected technical, system, maintenance, modifications, fixes, bugs or other related issues.
  • 13.3 You agree that we may at any time, with or without prior notice and as we deem fit or necessary, suspend or terminate your Account or our Services to you, generally, for any reason including but not limited to the following:
    1. your breach of any of these Terms;
    2. we have reason(s) to believe that your Account is used in connection with any suspicious, fraudulent, criminal or other illegal activities;
    3. if we detect any misuse or abuse of the Platform and/or Services;
    4. if we cease for whatsoever reason to provide any or all of the Services and Platform; and
    5. at the request of any governmental or law enforcement body or agency.
  • 13.4 In the event that we terminate your Account with us, all pending transactions and any fees or sums due to us or other parties will be processed and deducted prior to effective termination. Any remaining credit balance in your Account will be automatically converted into our points rewards programme as stated in sub-clause 7.4 above.

14. CHANGES TO THESE TERMS

  • We reserve the right to change, alter, replace or otherwise modify these Terms at any time, and shall bear no duty or obligation to inform or notify you on the changes of these Terms at any stage of our relationship.

15. PRIVACY NOTICE AND POLICY

  • 15.1 By opening an Account with us and/or using any of our Services, you hereby acknowledged and agreed that THE GROUP shall have the right to collect, store, process, and/or share your personal data amongst and within its group of companies, alliances and affiliates, and Authorised Third Party.
  • 15.2 Our Privacy Notice and Privacy Policy shall be read together with these Terms.

16. MISCELLANEOUS

  • 16.1 These Terms constitute the entire agreement between the Users and us.
  • 16.2 These Terms are personal to you, and you shall not assign your rights or obligations to anyone.
  • 16.3 If any provision in these Terms is invalid or unenforceable under any applicable law, the remaining provisions will continue in full force and effect.
  • 16.4 You may address your queries or complaints in relation to our Platform and/or our Services via email at support@spriicommerce.com.