MOBIZ Mobile App

MX-General Terms and Conditions

IMPORTANT: PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY AND MAINTAIN A COPY FOR YOUR RECORDS.

BY SUBMITTING: (A) An ordering Form, OR (B) Quotation with your signature. YOU ACCEPT AND AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS, THE DOCUMENTATION, AND THE OTHER ITEMS REFERENCED HEREIN AND THEREIN (COLLECTIVELY, THE "AGREEMENT"), ALL OF WHICH ARE INCORPORATED INTO AND FORM PART OF THE AGREEMENT WHERE (“Documentation”) means the OFFICIAL written information about the Agreement and made available by MX to you as updated or amended by MX from time to time. THIS REPRESENT THAT YOU HAVE READ AND UNDERSTAND ALL OF THE PROVISIONS OF THE AGREEMENT.

THE AGREEMENT IS BETWEEN THE MAXTREME STRATEGY SDN BHD (“MX,” “WE,” OR “US”) THAT ACCEPTS THE ORDER FOR THE APPLICABLE PRODUCT (“mobiz®”) AND THE INDIVIDUAL OR LEGAL ENTITY THAT SUBMITS THE ORDER OR QUOTATION WITH SIGNATURE (“ACCOUNT HOLDER”, “Client”, “YOU,” OR “YOUR”).

DEFINITIONS

1.Payment

2. Exclusion of warranties, representations and guarantees

Your content must be appropriate, civil, lawful and accord with generally accepted standards of etiquette and behaviour on the mobile app and CMS. You must not use our mobile app and CMS to link to any website or web page and any other platform consisting of or containing material that would, were it posted on our mobile app, breach the provisions of these terms and conditions.

3. Developing Period

4. App Submission

5. Training on CMS

6. Accounts

7. Services

We may at any time limit access to, or modify or cease, the whole or part of the Services.

You are responsible for all equipment, devices and data connection at your own costs to use our Terms & Conditions。

8. Service Contract

The service contract is effective from the hosting date for twelve (12) months. Hosting date is referring to the date of very first successful app uploaded into Play Store & App Store.

The service contract will automatic renew for another 12 months based on the Order if the following situation is not occurring:

9. Trademark

The “mobiz” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of us.

10. Liability

10.1 We aim to provides but do not guarantee continuous or fault free services. We are not liable to you in contract, tort (including negligence), or otherwise for any loss or damage (e.g. lost profits or business or consequential losses that you may suffer in with the Services (or a failure to provide the Services.).

10.2 You assume sole responsibility for results obtained from the App, and for conclusions drawn from such use. You will take liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the App, or any actions taken by us at your direction.

10.3 You hereby release MX, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other App or Website users.

MX will revise this general terms and conditions at any time by updating this posting. By continuing use MX product and services, you agree to be bound by the latest terms and conditions. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.

UPON ANY BREACH OF THIS GENERAL TERM AND CONDITIONS BY CLIENT, MX MAY TERMINATE ANY OR ALL OF THE AGREEMENT IN WHOLE OR IN PART WITHOUT ANY LIABILITY OR WITHOUT COMPENSATION OR NO REFUNDABLE PAYMENT OR TERMINATE PENALTIES OF ANY KIND.

These CMS acceptable use policy we most recently updated on February 7, 2017.