TERMS OF USE FOR PARTNER APPLICATIONS

Welcome to WeCar!

These Terms of Use for the WeCar Application (“Terms”) are binding terms between you and BLUE RIGHT TECHNOLOGY HOLDING SDN BHD (“Owner”), which govern your access to mobile, tablet or any other smart device applications and programs that regarding the WECAR application interface (“Wecar  Application Platform”, or simply “WECAR”) and all related services. Members (“Members”), are parties who register the platform and engage the professional services of our partners. A partner (“Partner”), is a party that registers the platform and offers legal services to any member who wants to engage with it.

 

1. General conditions

1.1 The purpose of the Application is to offer, negotiate, or complete professional business services (“Services”), through the interests of members (“Members”). This application also aims to enable Partners to connect, find and invite other Members for the promotion of business professional services that our partners agree to offer and subject to complying with and not violating Malaysian Legislation and Laws.

1.2 As part of the WECAR Platform, partners will always maintain their own profile and availability as they are able with the resources they have. The Owner has no control over and does not guarantee the truthfulness and accuracy of any description, review, commentary or User comments. other content, or the performance or conduct of any Member or Third Party. The owner does not endorse or guarantee results that are partially outside the scope of the WECAR app especially when discussions and negotiations have been done outside the app. WECAR has adjusted the online verification of members, including regarding the identity or history of Users, or whether they are reliable, safe or suitable through online methods. You should always exercise caution when deciding whether to participate or offer your services and benefit members to the best of your knowledge, you can decide this. The partner does not make any assumptions other than the online confirmation that the Owner has complied with the law of how to obtain and recognize a member through WECAR.

1.4 Due to the nature of the internet, the Owner cannot guarantee uninterrupted and continuous availability and accessibility of the WECAR Platform. Owners can implement the best architecture and prevention plans to avoid these occurrences. However, the partner will not be responsible for taking responsibility of the Owner in case of delay or malfunction of the service from time to time.

1.5 The Partner must register only once, fill in the following mandatory data: company name and owner details, it must provide valid business information to determine its profile, which can be accessed by all users of the WECAR Platform. The information will be protected by the Owner and will not be available for any use other than WECAR application related purposes.

 

2. What Services does the Application offer?

3.1 WECAR encourages interaction between Users, as well as between Users and owners as platform owners, so that any business, product and service can match requests and needs between partners and members. That requirement shall resolve any of the parties’ requirements for their own requirements without prejudice.

3.2 As stated above, interactivity is mutual understanding and agreement and is a direct part of the purpose of WECAR as described in the preamble of this document.

3.3 WECAR aims to connect close partners with members seeking services or vice versa. All functions are as best offers that the Owner has developed along with the needs of the business environment. There is no guarantee that the service has covered all the expectations and satisfaction of the party as a whole.

3.4 THE OWNER IS NOT RESPONSIBLE FOR ANY FAILURE IN SERVICES PROVIDED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO INTERNET ACCESS PROVIDER AND BROADBAND CONNECTION. THE ULTIMATE FAILURE IN THIS SERVICE WILL BE THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THIS THIRD PARTY.

3.5 WECAR will request access to contacts from your mobile device and your location, and will also request permission for push notifications. Such requests are necessary for the WECAR Service to run correctly and perfectly on the user’s mobile device.

3.6 The WECAR services described here shall comply with this document and the WECAR terms & conditions, which will also indicate how we use the data received or requested from your mobile device, which is why we recommend you read them.

3.8 WECAR Services may be provided and accessed in connection with third party services and content (including advertising and payment methods) that WECAR will not control. YOU ACKNOWLEDGE THAT DIFFERENT TERMS OF USE AND PRIVACY POLICIES MAY APPLY TO THE USE OF THIS THIRD PARTY CONTENT AND SERVICES. WECAR DOES NOT ENDORSE THESE THIRD PARTY SERVICES AND CONTENT, AND WECAR SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY PRODUCTS OR SERVICES OF SUCH THIRD PARTY PROVIDERS. In addition, Apple Inc., Google Inc., Microsoft Corporation or BlackBerry Limited and/or its subsidiaries and international affiliates will be third-party recipients of this Agreement if you access the WECAR Services using applications developed for mobile devices based on Apple iOS, Android , Microsoft Windows or Blackberry Limited, respectively. These third party beneficiaries are not parties to this Agreement and are not responsible for the provision of the Service or for any form of support for the Service. Your access to the Service using this device is subject to the conditions set forth in the respective third party recipient’s terms of service.

3.9 To use the WECAR partner Services, you must register and maintain a business service user account account (“partner”). You must be at least 18 (eighteen) years old to open an Account or be assisted by your legal guardian. Registering for an Account requires you to submit certain personal information to WECAR, and you agree to maintain correct, complete and current information in your Account. If you do not maintain correct, complete and current information in your Account, we may take steps to require that information to be corrected or, in our sole discretion, to restrict your use of WECAR or to prevent you from accessing and using WECAR. You are responsible for all activities performed on your Account and agree to maintain the security and confidentiality of your Account username and password at all times.

 

4.4.1. Rules for general use:

a) Partners are not allowed to deal with any activities or products related to violations of the law that may cause or indirectly cause the OWNER to be subject to illegal claims.

b) Partners are not allowed to have and cause confusion or unfair offers or treatment to members. Failing to comply with this, the OWNER will have the right to act as an impartial party to bring a solution to both parties. The decision will not be binding on any claim if either party fails to submit any relevant evidence.

c) The use of either BUSINESS PARTNERS and MEMBERS is believed to have a mutual understanding and agreement before any confirmation is made. Both parties agree to use their best knowledge to uncover any confusion or hidden terms issued by either party. The OWNER will try his best not to participate in the agreement unless there is a dispute that has been made for the transparency of the agreement as much as possible.

d) All benefits of royalty points are subject to being provided by the OWNER in its rules, these rules or rewards may be changed from time to time:

* Recycle top-up points for 50 points(50p) for every first day of every month to each member account according to the system automatically

**Points can be used by members to make deals with partners based on mutual agreement. The amount that can be involved in the agreement is only the final decision of the partners.

***Collected points will be the final agreement to be collected or redeemable with the OWNER. The redemption amount will be based solely on the OWNER’s decision

e) Subscription is FREE for now. It is subject to the Owner to make any adjustments to the charges from time to time.

 

6. Disclaimer of Warranties

6.1 WECAR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED IN THESE TERMS, OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES. FURTHER, THE DEVELOPER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, ADEQUACY OR AVAILABILITY OF THE WECAR SERVICES OR ANY SERVICES OR ITEMS ORDERED THROUGH APPLICATIONS IN THE WECAR SERVICES OR ANY SERVICES OR ITEMS ORDERED THROUGH APPLICATIONS IN THE SERVICES. OWNER DOES NOT WARRANT THE QUALITY, SUITABILITY, SAFETY OR SKILLS OF THIRD PARTIES. YOU AGREE THAT ANY RISK ARISING FROM YOUR USE OF THE WECAR SERVICES AND ANY SERVICES OR GOODS REQUESTED THROUGH THE TECHNOLOGY SHALL ALWAYS BE YOURS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW

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7. Limitation of Liability

7.1 THE OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, REPLACEMENT COSTS AND REPLACED PRODUCTS. PROPERTY DAMAGE, RELATED TO OR ARISING FROM ANY USE OF THE WECAR SERVICES EXCEPT FOR DIRECT DAMAGES CAUSED BY THE OWNER’S INTENT OR FAILURE AND IS LIMITED TO THE PRICE VALUE. (i) YOUR USE OF THE WECAR SERVICES OR YOUR ABILITY TO ACCESS OR USE THE WECAR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY MEMBER OR PROVIDER. OWNER SHALL NOT BE RESPONSIBLE FOR DELAYS OR FAILURES ARISING FROM CAUSES BEYOND OWNER’S CONTROL, OR FOR THE QUALITY AND INTEGRITY OF SERVICES PROVIDED BY THIRD PARTIES; (iii) ANY IMMORAL, ILLEGAL OR UNETHICAL RELATIONSHIPS OR DEALINGS OR DEALINGS ENTERED INTO BETWEEN MEMBERS, WHETHER THROUGH COMMUNICATIONS AT THE APPLICATION ITSELF, BY TELEPHONE, OTHER MEANS OR IN PERSON AT ANY OTHER TIME.

7.2 LIMITATIONS AND DISCLAIMER OF WARRANTIES AND LIABILITIES CONTAINED IN THIS CLAUSE ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER THE USER’S RIGHTS WHICH MAY NOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.

7.3 THE OWNER IS NOT RESPONSIBLE FOR ACCIDENTS DURING THE ENGAGEMENT OF THE WECAR App. ANY INSURANCE CLAIM SHALL BE PARTNER’S OWN ENGAGEMENT AND MANAGEMENT FOR THEIR OWN PROTECTION AGAINST ITS BENEFITS.

7.4 The OWNER will not be responsible for the effective fulfillment of obligations incurred by partners or Users. The partner acknowledges and agrees that by confirming the agreement, it does so at your own risk. Under no circumstances shall the OWNER be liable for any loss of profits or any other damages through the application.

7.5 The OWNER recommends that every transaction be carried out with care and common sense. Users should assess the risks by all parties.

 

8. Indemnity

8.1 You agree to indemnify, defend, indemnify, and hold harmless the OWNER, and its directors, officers, employees and agents, and hold them harmless for and against any claims, liabilities, damages, losses, and expenses arising out of (i ) your violation of these Terms, (ii) your misuse of the WECAR Platform or any WECAR Services, (iii) your interactions with any Member, including, without limitation, damages, losses, and injuries of any kind related to the agreement or agreement or any interaction between Members, (iv) collection of applicable taxes, or (v) your violation of any law, regulation or third party rights.

 

9. Who owns the content found in WECAR?

9.1 By CONTENT we mean all images, marks, text and any other items, graphic or otherwise, WECAR. Any and all CONTENT of this Application is wholly and exclusively owned by the OWNER, who owns, directly or indirectly, all copyrights and intellectual property rights therein.

9.2 In addition, Partners hereby declare their knowledge and consent that any Content submitted by partners shall belong to the OWNER. Similarly, any trademarks, logos or service marks contained in the CONTENT are also trademarks of or for the OWNER.

9.3 Use of CONTENT without the written consent of the OWNER is strictly prohibited.

9.4 OWNER reserves the right to take any and all actions it deems appropriate or applicable to enforce its intellectual and industrial property rights to the extent permitted by applicable domestic and/or foreign laws, including through criminal prosecution.

9.5 Personal data submitted by Partners or members to participate in interactions defined as WECAR Services will be treated as described in the WECAR Terms & Conditions.

9.6 Any transfer of rights or licenses of CONTENT sent by Partners to Developers mentioned above or not (including personal data submitted by Users), is free and without any consideration from OWNER to Partners.

9.7 THE OWNER DOES NOT MONITOR ALL CONTENT DISCLOSED IN THE APPLICATION, THEREFORE IT DISCLAIMS ANY AND ALL LIABILITY FOR THE CONDUCT OR CONTENT OF MEMBERS, AND THEY MAY CONTACT THE OWNER TO REPORT ABUSE AND VIOLATION OF RIGHTS.

9.8 OWNER may limit the number of connections you may have with other partners or members and may, in some circumstances, prohibit you from contacting other partners or members and being contacted by them. No means of contact from Members will be available other than the information they publish in the Application.

9.9 Without prejudice to the other provisions contained herein and other measures deemed appropriate, the OWNER may warn, suspend or cancel, temporarily or permanently, the User’s registration, at any time, initiate legal action that appropriate and/or suspend the implementation of these Terms if the User does not comply with any of the provisions herein and other WECAR policies.

 

10. What can you NOT do with and in WECAR?

10.1 The Developer only offers the User the possibility to use WECAR to participate in the services it provides, expressly prohibiting the following actions by the user:

a) Declare your affiliation, for commercial and/or advertising purposes, to OWNER or the WECAR App, or state or believe that OWNER endorses statements made by you;

b) Using the OWNER for advertising or any other commercial solicitation without the express permission of the OWNER;

c) Using WECAR to publish or transmit viruses, worms, Trojan horses, easter eggs, time bombs, spyware or other malicious, harmful or invasive computer code, files or programs intended to damage or control the operation or monitor the use of any hardware, software or equipment, whether from OWNER or a third party;

d) Use WECAR to violate any third party’s legal rights, to obtain or collect personally identifiable information from WECAR users;

e) Interferes with or interferes with the operation of WECAR or servers, or violates any requirements, procedures, policies or regulations of any network that supports WECAR or is a means of its disclosure or distribution;

f) Using a false profile to obtain any prohibited advantage in the use of WECAR, under the penalty of identity theft, bear the appropriate administrative and legal consequences;

G) Using in any way that can be considered fraudulent to gain an advantage for you or others in or from WECAR, at the discretion of the OWNER in the event of suspected fraud in the use of this Application by any PARTNER, the decision to stop and /or exclude the use of services available on WECAR for this User;

i) Using the chat to share any information or data that is illegal and/or harmful, concretely or potentially, to the OWNER and/or third parties in any form, such as users and/or other people directly, indirectly or not related to WECAR in any way.

j) Contact any other Member in violation of these Terms of Use and Privacy Policy, including, but not limited to, by telephone and chat, for purposes or purposes that are illegal, immoral, unethical, embarrassing, or that may in any way restrict or violate the intimacy, privacy or rights of other Members. Any behavior described above, including harassment or bullying of other Members, will be properly reported to the appropriate authorities and the Member will be banned from the Application.

10.2 Content provided by users through WECAR, including but not limited to personal data provided for use of the WECAR App, will comply with the standards set forth herein, as well as any applicable laws and regulations.

10.3 Failure to comply with or breach any provision of this document will result in disruption of WECAR Services and immediate exclusion of those who caused and/or benefited directly or indirectly from such conduct.

10.4 You may use simple, non-commercial advertising to invite friends or third parties to join your network of WECAR people, share the use, name and other advantages of WECAR, always without a commercial character, in accordance with these Terms.

 

11. Other general provisions

11.1 WECAR content and tools may be modified at any time without prior notice to the User. These changes will be automatically linked and subject to these Terms of Use.

 

14. Changes to our Terms of Use

14.1 We want you to understand that this document is essential for your complete satisfaction when using the WECAR Services. Accordingly, the OWNER, reserves the right to change or remove these Terms at its sole discretion and without notice, highly recommends that you visit this area periodically to stay informed of any changes, which will be published here.

14.2 As far as possible, we will report, through our social media pages or in the Application itself, any changes to this document, but as stated above, control over knowledge of such changes is the sole responsibility of the User.

 

15. Contact us

15.1 As we said at the beginning, we understand that reading this document, while we always try to be as clear and straightforward as possible, may leave some doubts, questions in general, and even suggestions that you may share with us. Therefore, if you wish to contact the Developer for comments or questions regarding this document, please contact us through our own application.