Please read these Terms and Conditions ("Terms"
) carefully before using the Platform (as defined herein) operated by Damansara Technology Sdn. Bhd. (“DTech
", or "our
Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms. These Terms shall apply to all Users who access, visiting, browse or use our Platform.
By accessing or using the Platform you agree to be bound by these Terms. If you disagree with any part of the Terms, you shall stop accessing, visiting, browsing or using the Platform immediately.
“Account” means bigR account registered on our Platform;
“bigR” is DTech’s e-lifestyle brand offered through our Platform under the domain of bigR.asia;
“Contract” means a separate legal biding contract entered into between the Customer and Merchant when the Customer is ordering and purchasing product(s) and/or service(s) from the Merchant;
“Customer” or “Customers” means User or Users (except the Merchants) who purchase(s) products and/or services from our Merchants through our Platform;
“User” or “Users” means person(s) who visit(s), browse(s), access(es) our Platform, which shall include our Customers and Merchants;
“Platform” means the website, mobile site, and mobile app of bigR;
“Program” means bigR Rewards Programme;
“Merchant” or “Merchants” means our authorised merchant(s) who offer(s) and sell(s) products and/or services through our Platform;
“Reward Points” means the points collected by Customers through our Program; and
“Services” means all of our related services provided to you including but not limited to your access to the Platform.
(i) When you create and register an Account with us, you must provide all information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your Account on our Platform.
(ii) You are responsible for safeguarding the username and password that you use to access the Platform, and for any activities or actions under your username and password.
(iii) You agree not to disclose your username and password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
(iv) Any User who fails at any time to engage in Account activity for a period of twelve (12) consecutive months is subject to termination of his or her membership and forfeiture of all accrued Reward Points.
C. Orders and Specifications
(i) The Customer may purchase products and/or services by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall subject to Merchants’ acceptance in their sole discretion and each order accepted by the Merchants shall constitute a Contract between the Merchant and the Customer, and shall be deemed to be irrevocable and unconditional upon transmission through the Platform.
(ii) A Customer may request to cancel or amend the order, which the Merchants and/or DTech shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
(iii) Order acceptance and completion of the Contract will only be completed upon issuance of a confirmation of dispatch of the product(s) and/or service(s) to the Customer. For the avoidance of doubt, DTech and/or the Merchant shall be entitled to refuse or cancel any order without giving any reasons for the same to the Customer prior to issue of the confirmation of dispatch.
(iv) DTech and/or the Merchant shall furthermore be entitled to require the Customer to furnish DTech and/or the Merchant with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
(i) The prices of the products and services shall be the prices stated on the Platform at the time which the Customer places and completes the order form on the Platform. The prices may include any applicable sales and services tax, value added tax or similar tax which the Customer shall be liable to pay to DTech and/or its Merchants in addition to the prices, but excluded the delivery charges.
(ii) In the event that the products and/or services have been mispriced on the Platform, the Merchant reserve the right to terminate the Contract, in which DTech shall, on behalf of Merchant, notify the Customer of such cancellation by giving a three (3) days’ notice.
E. Terms of Payment
(i) The Customers shall be entitled to make payment for the products and/or services using the various payment methods made available on the Platform. When a Customer places an order on the Platform, actual payment shall be only charged upon Merchant’s acceptance of Customer’s order and the formation of a Contract between them. All payments shall be made to DTech, either accepting payment in its own right or as Merchant’s agent. Customers acknowledge that DTech is entitled to collect payments from the Customers on behalf of the Merchants.
(ii) The terms and conditions applicable to each type of payment, as may be prescribed by DTech on the Platform, shall also be applicable to the Contract between Customers and Merchants. The payment methods may also be subject to the following terms:
(a) Credit Cards
Credit card payment option is available for all Users. Our Platform accepts all Visa and MasterCards credit cards. All credit card information of Users is protected by the industry leading encryption standards. Please take note that additional charges may be incurred if a User is using a non-Malaysian issued card due to foreign exchange rates.
(b) Debit Cards
We accept all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by the industry leading encryption standards.
(c) Online Banking/Bank Transfer
By choosing this payment method, the Customers shall transfer the amount of the total purchase price for the products and/or services purchased by the Customers to DTech (including any applicable taxes, fees and delivery costs). The transaction must be payable in Ringgit Malaysia. DTech, in its sole discretion, may refuse this payment option service to anyone or any Customer without notice for any reason at any time.
(iii) Customers shall not claim against DTech, its Merchants or any of its agents, for any failure, disruption or error in connection with the Customers’ chosen payment method. DTech reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Users or giving any reason.
(iv) If a Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to the Merchants, the Merchants shall be entitled to cancel the Contract or suspend delivery of the product and/or service until payment is made in full.
(v) Customers shall make sure that all payments for the products and/or services purchased through the Platform shall only be made to DTech or its Authorized Third Party using the payment methods made available on the Platform. DTech shall not be held responsible and liable for any losses, which may arise from payments made directly to Merchants or its agent, or through payment methods apart from the available payment methods on the Platform.
F. Delivery and Performance
(i) Deliveries of the products and/or services will be made to the addresses specified by the Customers in their purchase orders.
(ii) DTech and its Merchants have the right at any time to sub-contract all or any of its obligations for the delivery of the products and/or services to any other party as they may think relevant from time to time, without giving notice of the same to the Customers.
(iii) Any dates quoted for delivery of the products and/or services are approximate only and delays may occur. The time for delivery or performance shall not be of the essence, and DTech shall not be liable for any delay in delivery or performance howsoever caused.
(iv) If Merchant has failed to deliver the products and/or services in accordance with the Contract or within seven (7) business days, the Customer shall, by serving a written notice to the Merchant, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If the Merchant fails to do so within the specified time, the User shall be entitled to terminate the Contract and claim a refund in respect of the undelivered products and/or services.
(v) Where the products and/or services have been delivered to the Customers even after such refunds have been claimed by the Customers, the Customers shall immediately notify DTech of the delivery. The property in the products and/or services shall not pass to the Customers and the Customers shall hold the products and/or services as DTech’s and/or the Merchant’s fiduciary agent and bailee, and shall keep the products and/or services separate from those of the Customers. DTech and/or its Merchant shall be entitled at any time to demand the Customers to deliver up the products and/or services to DTech and/or its Merchant, and in the event of non-compliance, DTech and/or its Merchant reserves its right to take legal action against the Customers for the delivery of the products and/or services and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customers.
(vi) If the Customer fails to take delivery of the products and/or services (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Merchant’s fault) then without prejudice to any other right or remedy available to DTech and/or the Merchant, DTech and/or Merchant may:
(a) sell the product(s) and/or service(s) at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Customer for any shortfall below the price under the Contract; or
(b) terminate the Contract and claim damages from the Customer.
G. Return, Refund and Replacement of Products and/or Services
(i) All products and/or services sold on the Platform are covered under our 30-day return policy (“Return Policy”). Customers may initiate the returns process by communicating with DTech or the Merchants through the Platform.
(ii) Customers may, by completing the online return form, apply to return the purchased products and/or services to DTech or Merchants in exchange for a replacement or a refund. Customers shall ensure that the purchased products and/or services are returned to the Merchants within fourteen (14) calendar days from the delivery date (“Return Period”), depending on the applicable Return Policy.
(iii) For avoidance of doubt, the countdown starts from the date the Customers received the purchased products and/or services to the post stamp date on the return parcel. In case of damaged products and/or services, please contact DTech or the Merchants within 48 hours of receiving the delivery to expedite the claim process.
(iv) Customers may only apply for return of the purchased product(s) and/or service(s) in the following circumstances:
(a) the product(s) and/or service(s) delivered to Customers are defective and/or damaged on delivery;
(b) the product(s) and/or service(s), in particular fashion items, which do not fit;
(c) the product(s) and/or service(s) delivered to Customers are materially different from the description provided by Merchants in the listing of the product(s) and/or service(s);
(d) the product(s) and/or service(s) delivered to Customers do not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order; and
(e) such other circumstances which may be prescribed by DTech on the Platform.
(v) Return or cancellations of any perishable goods are not allowed. To ensure that Customers are satisfied with the product(s) and/or service(s) they received, the Customers should inspect the contents as soon as the product(s) and/or service(s) arrived.
(vi) Refund of money paid by the Customers for the purchased products and/or services shall be made within 30-days by the Merchant after the Return Period, or after the Merchant has received the returned purchased products and/or services (“Refund Period”). In certain situations, the Merchant reserves its right to extend the Refund Period to refund the money paid by the Customers up to another 30 days but shall notify the Customers its intention to do so.
H. Risk and property of the products and/or services
(i) Risk of damage to or loss of the products and/or services shall pass to the Customers at the time of delivery, or if the Customers wrongfully fail to take delivery of the products and/or services, the time when the Merchants have tendered delivery of the products and/or services.
(ii) Notwithstanding delivery and the passing of risk in the products and/or services or any other provision of these Terms, the property in the products and/or services shall not pass to the Customers until DTech has received in cash or cleared funds payment in full of the prices of the products and/or services and all other goods agreed to be sold by Merchants to the Customers for which payments are then due.
(iii) Until such time as the property in the products and/or services passes to the Customers, the Customers shall hold the products and/or services as DTech’s fiduciary agent and bailee, and shall keep the products and/or services separate from those of the Customers’.
(iv) Until such time as the property in the products and/or services passes to the Customers (and provided the products and/or services are still in existence and have not been resold), DTech or the Merchants shall be entitled at any time to demand the Customers to deliver up the products and/or services to DTech or the Merchants, and in the event of non-compliance, DTech or the Merchants reserve(s) its/their right to take legal action against the Customers for the delivery of the products and/or services and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customers.
(v) The Customers shall indemnify DTech and/or the Merchants against all loss damages costs expenses and legal fees incurred by the Customers in connection with the assertion and enforcement of DTech’s rights under this condition.
(i) DTech shall not be held liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Customers as a result of an action brought by a third party) even if such loss were reasonably foreseeable, or if DTech had been advised by the Customers of the possibility of incurring the same.
(ii) The remedies set out in these Terms are the Customers’ sole and exclusive remedies for non-conformity of or defects in the products and/or services.
J. bigR Rewards Programme
(i) Only registered Users (except Merchants) of bigR are eligible to accrue Reward Points in the Program by availing themselves of the means of accrual recognized under the Program.
(ii) Currently, Reward Points can be accrued by making a purchase of products and services offered by our Merchants on our Platform.
(iii) DTech expressly reserves the right to establish additional means of accruing Reward Points, to delete any or all of the means currently recognized, or to exclude specific types of transactions from the accumulation of Reward Points.
(iv) To earn Reward Points by a purchase of products and services offered by our Merchants on our Platform, Users must sign in by entering valid usernames and passwords.
(v) Reward Points accrued for a completed transaction or purchase will be credited to the Users’ accounts within 30 days after such purchase or successful transaction.
(vi) The amount of Reward Points accrued shall be determined by the cash value paid by the Users. Users shall accrue Reward Points at the rate of 1 point for every ringgit spent by them.
(vii) The Reward Point may either be used to redeem certain merchandises as may be offered on our Platform, or may be redeemable with a selection of cryptocurrencies of which the type and selection of such cryptocurrencies shall be decided and determined by DTech from time to time.
(viii) DTech reserves the right to make bonus points and promotional offers selectively available to certain Users at any time, based on purchase and transaction history and activity, geographic locations, program participation, or other factors determined at DTech’s sole discretion.
(ix) DTech will, in most cases, credit its Users’ accounts with accrued Reward Points. However, each User shall have the responsibility to ensure that his or her Reward Points are properly credited. Where a User contends that Reward Points have been earned but not credited, or in cases where DTech deems verification is required, DTech reserves the right to require proof of accrual from the User, including but not limited to copies of receipts or similar documentation verifying any transaction claimed to have been performed.
(x) Any claims for Reward Points by the User and proof of accrual must be received by DTech within twelve (12) months after the date such Reward Points were claimed to be earned.
K. Reward Points Expiration
(i) Reward Points accrued in a User’s account shall be maintained in the Account until they are redeemed for an award or until they expire, whichever occurs first.
(ii) Reward Points earned in one calendar year remain valid until December 31 of the next calendar year thereafter. Expiring Reward Points in each calendar year must be redeemed for an award by December 31. Expiring Reward Points that are not redeemed by December 31 are void and will be deleted from the Accounts.
(iii) In cases where Reward Points are, for any reason, removed from an Account, as for the redemption of awards, and later returned, the return of the Reward Points to the Account shall not count as account activity.
L. Award Redemption
(i) The awards available to be redeemed and the amount of Reward Points necessary to redeem each award will be set by DTech and informed to the Users. DTech shall establish the process for award redemption, but redemption shall basically mean the exchange of Reward Points in a User’s Account for a specified award.
(ii) Rewards Points earned in two or more different Accounts shall not be combined to redeem any award.
(iii) The award structure is subject to modification, cancellation or limitation at DTech’s discretion, with or without notice. The amount of Reward Points required to redeem any award may be substantially increased, any award may be withdrawn, and restrictions on any award or its redemption may be imposed at any time.
(iv) The accumulation of Reward Points does not entitle Users to any vested rights with respect to any awards or the Program. Redemption of awards shall be valid only with Merchants participating in our Program or as may be determined by DTech.
(v) DTech will not be liable or responsible in any manner for any tax consequences, which may result from a User’s participation in the Program. Each User is solely responsible for the payment of all taxes payable and benefits acquired as a result of such User’s participation in the Program and earning, conversion, holding and/or use of Reward Points and for all applicable filing and reporting obligations. Users should consult with their tax advisors regarding the accumulation, conversion and use of Reward Points.
(vi) Accrued Reward Points do not constitute property or asset of a User and have no value outside of the Program. Reward Points are credits that DTech may revoke at any time as set forth herein. Reward Points shall be not exchanged for cash, assigned, bartered, or transferred, except as set forth herein, and are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law.
M. Conversion or Redemption of Reward Points to Cryptocurrency
(i) For our Programme in redeeming the Reward Points to Cryptocurrency, we may provide two (2) selections of cryptocurrencies, as follows:
(b) DigiByte; and/or
(c) any other type or brand of cryptocurrency as may be determined by us from time to time.
(ii) We do not representing or warranting that the reward Points have any real monetary value.
(iii) We reserve our right to discontinue offering the Reward Points to be converted or redeemed to cryptocurrency(ies) at any time for any reason, and we also reserve our right to provide different selection of cryptocurrencies other than stated at paragraph M(i) above. In the event where we change the brand and/or type of cryptocurrencies, we shall not be held responsible for any damages and/or losses that may be faced by you.
(iv) We shall not responsible for any cryptocurrency that you have converted and/or redeemed from our Reward Points. The moment you have converted and/or redeemed your Reward Points to cryptocurrency of your choice, we shall not be held responsible or obligated to any risk, damages and/or losses as may be occurred to you.
(v) You acknowledge that each time you redeem, convert or transfer Reward Points to the cryptocurrency of your choice, is irreversible and that it is at your own risk and your sole responsibility to ensure you make each decision to redeem, convert, spend or transfer such Reward Points carefully.
(vi) We may make available to you access to the Platform that is made available where you may explore opportunities to earn and spend using selected cryptocurrency as may be made available or offered by us. It is, however, your sole responsibility to exercise judgement in evaluating and participating in any opportunities provided by us, and we are not responsible for any earn and spend opportunities made available on our Platform.
(vii) We may make available e-wallet services within our Platform for you to store e-money and/or cryptocurrencies, including the cryptocurrency that you have earned through the redemption of Reward Points. The e-wallet is accessible to any person that has access to your account with us. Accordingly, you acknowledge and agree that it is your responsibility to maintain the safety and security of your username and password to our Platform, and that any person having access to your account may be able to spend the e-money and/or cryptocurrency(ies) that you have stored in your e-wallet.
N. bigR E-Wallet
(i) We may make available e-wallet services within the Platform for you. The e-wallet is accessible to any person that has access to your Account.
(ii) Accordingly, you acknowledge and agree that it is your responsibility to maintain the safety and security of your username and password of the Account and that any person having access to your Account may be able to spend the credits that you have stored in your e-wallet.
(iii) You agree that:
(a) you are using bigR e-wallet at your own risk, on an as-is and where-is basis;
(b) you will abide by all policies made available by DTech; and
(c) DTech shall not be made responsible or liable for any loss and damage occurred to you while using this e-wallet.
O. bigR Card
(i) Your bigR card is and shall at all times remain our property and shall be surrendered to us immediately upon our request and may be repossessed by us at any time. By applying for and subscribing to the bigR card and/or by retaining, using or authorizing the use of the bigR card, you agree and undertake:-
(a) not to use the bigR card to purchase illegal goods or services or to use it for any unlawful and/or fraudulent activities;
(b) to promptly notify us of any loss or theft of the bigR card; and
(c) to abide by and to only use the bigR card strictly in accordance with this Terms.
(ii) You cannot use your bigR card for business and/or commercial purposes which are deemed to be unacceptable by us and we shall be entitled to block the authorization for the use of the bigR card for such activities.
(iii) If the bigR card is used in a manner other than as permitted by this Terms, to the extent permitted by law, we may, at our option and without waiving any of our rights, recognize the transactions and debit or credit the bigR card accordingly. Any online betting and/or gambling activities are prohibited and you agree that we do not owe you any duty and/ or obligation whatsoever to monitor and block the use of the bigR card for any unlawful activities. If we do find that your bigR card has been used for unlawful or fraudulent activity, we shall be entitled to suspend, block and/or terminate the use of the bigR card immediately without prior notice to you. Notwithstanding the above, we reserves the right to block, suspend or decline any transaction at our sole and absolute discretion.
(iv) The cardholder of bigR card is the individual who personally applies for and has been issued the bigR card. As a cardholder, you will be able to transact at our designated Merchants, make purchases and/or transactions at locations displaying the bigR acceptance mark, carry out online transactions, top-up up your bigR card at our available reload channels, access and view your bigR card Account balance and transaction history on the Platform, and carry out all other functions associated with the bigR card.
(v) We may from time to time introduce new services, offers or programs in relation to the use of your bigR card including but not limited to services, offers or programs that offer promotional items or other special terms as we may apply from time to time to a category of transactions. We will notify you of the terms and conditions of such services, offers or programs at the time of the introduction of the services, offers or programs, if any. The terms and conditions of such services, offers and programs are binding on you as if the same are contained here.
(vi) More than one service(s), offer or program may apply to your bigR card at the same time. We, however, are entitled to introduce and terminate any such service, offer or programs from time to time at our absolute discretion.
(vii) Please refer to the terms and conditions of the bigR card, which shall also be applicable and binding on both of us.
P. Personal Data Protection
(ii) The personal data submitted by a User may be transferred to and from a Merchant to facilitate the User’s participation in the Program and in providing our Platform to you.
(iii) To learn how a Merchant may use your personal data, please contact the Merchant directly.
Q. Links To Other Web Sites
(i) Our Platform may contain links to third party sites or services that are not owned or controlled by us.
(ii) DTech has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services.
(iii) You further acknowledge and agree that DTech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
(iv) We strongly advise you to read the terms and conditions, and privacy policies of any third-party sites or services that you visit.
(i) Unless otherwise stated, DTech, our Merchants, and/or our licensors own the intellectual property rights for all material on the Platform. All intellectual property rights are reserved. You may access this from the Platform for your own personal use subject to restrictions set in these Terms.
(ii) You shall not, without our written consent:
(a) republish materials from our Platform;
(b) sell, rent or sub-license material from our Platform;
(c) reproduce, duplicate or copy material from our Platform; and
(d) redistribute content from our Platform.
T. Access to Mobile Device
(i) When you are accessing and/or using our Platform through your mobile device, our app or Platform may request access to your personal information available and stored in your mobile device, including the current location, calendar, contact information, reminders, and photos.
(ii) You may accept or refuse to grant our access to your personal information available and stored in your mobile device. In the event you refuse to grant such access, you may not be able to enjoy full features of our app or Platform.
(iii) Our app or Platform, for whatsoever necessary reasons, may also request to have direct access to your mobile device feature or function, including contact information, camera, microphone, speaker, finger print, location and any other feature or function available in your mobile device. Upon having your permission to access your mobile device, you hereby give us your full consent for us to collect, retain, use, and/or share all available information in your mobile device.
U. Comments and Review
(i) Some parts of this Platform may offer an opportunity for Users to post and exchange opinions, reviews and information on Platform. DTech does not filter, edit, publish or review any comment and review prior to its presence on the Platform.
(ii) Comments and reviews do not reflect the views and opinions of DTech, its Merchants and/or affiliates. Comments and reviews reflect the views and opinions of the Users who post their views and opinions on our Platform.
(iii) To the extent permitted by applicable laws, DTech shall not be liable for the comments and review or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments and reviews on our Platform.
(iv) DTech reserves the right to monitor all comments and reviews, and to remove any comment and review which can be considered inappropriate, offensive or causes breach of these Terms.
(v) You warrant and represent that:
(a) you are entitled to post the comments and reviews on our Platform and have all necessary consents to do so;
(b) your comments and reviews do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
(c) your comments and reviews do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
(d) your comments and reviews will not be used to solicit or promote business or custom or present commercial activities or unlawful activity; and
(e) you shall be responsible and liable for your own post(s) on our Platform.
V. Safety and Respecting the Rights of Others
(i) You shall not upload, post, send, comment on or store content on our Platform that:
(a) violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(b) is false, intentionally misleading, illegal or promotes an illegal activity or that impersonates any other person or entity, including DTech or bigR;
(c) is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
(d) is harmful to minors in any way or targeted at persons under the age of 13 (or such other age as determined by us at our sole discretion, taking into account factors such as the jurisdiction in which you are a resident);
(e) spams or solicits any User to purchase anything;
(f) requests any form of identification or illegal content from the Users; and/or
(g) interferes with the positive experience of other Users of the Platform.
(ii) You agree not to use the Platform to:
(a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
(b) mine or collect information or data regarding other Users, including email addresses, usernames and/or passwords, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers);
(c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g. a denial of service attack);
(d) attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g. through password mining); and/or
(e) interfere with another User’s use and enjoyment of the Platform.
W. Removal of links from our Platform
(i) If you find any link on our Platform that is offensive for any reason, you are advised to contact and inform us about it. We will consider requests to remove such link though we are not obligated to do so or to respond to you directly.
(ii) We do not ensure that the information on this Platform is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the Platform remains available or that the material on the Platform is kept up to date.
(i) To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Platform and the use of this Platform.
(ii) The limitations and prohibitions of liability set in these Terms govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
(i) We may terminate or suspend your access to our Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach any of these Terms.
(ii) All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
(iii) Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Platform or delete the Account.
(iv) All questions or disputes regarding bigR and our Platform, the earning, use, or the Program, or a User’s compliance with these Terms will be resolved by DTech in its sole discretion.
(i) You agree to defend, indemnify and hold harmless DTech, our holding company, subsidiaries, directors, officers, employees, affiliates, and Authorised Third Parties from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) brought by third parties resulting from or relating to: (i) your use of the Platform; and/or
(ii) your violation(s) of these Terms.
(iii) We reserve the right, at your expense, to assume the exclusive defence and control of any matter that you are required to indemnify and you agree to cooperate with our defence of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any claim falling under this section once we learn of it.
AA. Governing Law
(i) These Terms shall be governed and construed in accordance with the laws of Malaysia.
(ii) Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform, and supersede and replace any prior agreements we might have between us regarding the Platform.
(iii) If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.
(i) We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
(ii) By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Platform.
CC. Contact Us
If you have any questions about these Terms, or any enquiry about our Services, Program and Merchants, please contact us at firstname.lastname@example.org
[As at 1 September, 2019]