By using or uploading any information, data, code or other input (your “Content“) to the www.17app.io web site (“Service“), a service of EIGHTY ONE SDN BHD. (“17APP”), you (“you”, “your” or “User”) are agreeing to be bound by the following terms and conditions (“Terms of Use“). IF YOU DO NOT AGREE TO THIS TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SERVICE.   

17APP reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. 

 

Violation of any of the terms below will result in the termination of your Account without notice. While 17APP prohibits such conduct and Content on the Service, you understand and agree that 17APP cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

 

INTRODUCTION AND GENERAL CONDITION

This Terms & Conditions and all policies and additional terms posted on and in sites, applications, tools and services (collectively “Services”) belonging to Eighty One Sdn Bhd (“the Company”) set out the terms on which The Company offers you access to and use of our Services. The purpose of this Terms & Conditions is to clarify the rights and obligations of users who have registered themselves to use this Platform (“the User”). By using our Services, the User agrees that all Agreements, Terms & Conditions, and Privacy Policy determined by the Company in the Services will apply. For the avoidance of doubt, the use of any platform, websites and mobile services offered by the Company (“Platform”) and or the Services shall be governed by this Terms and Conditions. For the purpose of this Agreement, in this User Agreement, the Company shall also be individually and collectively referred to as “we,” or “us.”

By using our Service, you agree that the use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Company operates a Platform which consists of a marketplace that allows the User to offer, sell and buy just about anything in a variety of pricing formats and locations. The Company is not an auctioneer and does not have possession of anything listed or sold through the Platform and is not involved in the actual transaction between buyers and sellers. Hence, the User agrees that actual contract for sale is directly between the seller and buyer. The Company is only a facilitating platform which has no control over any sales made.

 

By using the Service, you hereby agree to the Term of Use, understand, and agreed that:

 

1)    17APP uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. 

 

2)    You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with any other 17APP service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by 17APP.

 

3)    The Company may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any 17APP customer, employee, member, or officer will result in immediate account termination

 

4)    the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve

a.     Transmissions over various networks; and

b.     Changes to conform and adapt to technical requirements of connecting networks or devices

 

5)    17APP has the right to the following, with or without notice, at any time and for any reason (If your app is built using the 17APP provisioning file or published under the 17APP or 17APP brand):

a.      Remove app from publication

b.      Modify the description or other characteristics or features of your app

c.       Publicize your app and your brand

 

6)    must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

 

7)    must not transmit any worms or viruses or any code of a destructive nature.

 

8)    any Apps created in the Service are created by your own volition and you therefore indemnify and hold harmless 17APP and all its subsidiaries, employees, and any agent acting on their behalf from any and all liabilities, claims, demands, or personal injury, including death that may be sustained, due to or relating in any way but not limited to copy right infringement, fraudulence, or trademark violation by way of creating and/or using of any apps created by the Service, or for claims related to or arising from your violation of this Terms of Use.

 

BY USING THE SERVICES, YOU HEREBY EXPRESSLY UNDERSTAND AND AGREE THAT 17APP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 17APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

a.     THE USE OR THE INABILITY TO USE THE SERVICE

b.     THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE

c.     THE SALES AND PURCHASE TRANSACTIONS INVOLVING MERCHANTS THRU THE 17APP. YOU ARE EXPRESSLY REMINDED THAT ANY SALES CONTRACT IS SOLELY BETWEEN THE  MERCHANT AND YOU. YOU ARE ADVISED TO SEEK INDEPENDENT ADVICE ABOUT YOUR RISKS AND OBLIGATIONS PRIOR TO COMMITTING TO ANY SALES CONTRACT OR TRANSACTION VIA THE 17APP

d.     UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA

e.     STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE

f.       OR ANY OTHER MATTER RELATING TO THE SERVICE.

 

 

17APP hereby disclaims any express or implied warranties and does not warrant that:

a.     The Service will meet your specific requirements

b.     The Service will be uninterrupted, timely, secure, or error-free

c.     The results that may be obtained from the use of the Service will be accurate or reliable

d.     The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations,

e.     Any sales and purchase transactions will be fulfilled, as this is solely a contract between you and the merchant involved and

f.       Any errors in the Service will be corrected.

 

To be eligible as a user of the Service, you must be 18 years or above. Registration of your Accounts by “bots” or other automated methods are not permitted. In order to sign up an Account with us, you must provide your legal full name, a valid email address, NRIC Number and any other information requested.

Sellers must have a valid bank account for the purpose of collection at all times. As a user, you authorise the Company to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by the Company. This includes, but is not limited to, amounts owed for fees, reimbursements and postage labels. The Company will notify you of these charges should the same occurs. If payments or amounts owed to the Company cannot be completed through the payment method on file for any reason, you are still required to pay us for all unpaid amounts and the Company reserves the right to seek reimbursement through other means plus any additional costs incurred by the Company in seeking reimbursement.

While the Company may help facilitate the resolution of disputes through various programs (at the discretion of the Company), the Company has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction.

If any provision of these Terms of Use is found to be for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein and shall not affect the validity and enforceability of any remaining provisions. 17APP shall have no liability under these Terms of Use to the extent arising from any failure of 17APP to perform any of its obligations due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within 17APP ’s reasonable control.

 

The failure of 17APP to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and 17APP and govern your use of the Service, superseding any prior agreements between you and 17APP (including, but not limited to, any prior versions of the Terms of Service).

 

 

Agreements and Guidelines to the use of Platform and/or Services

By using this Services, the User hereby agrees to comply with all effective notices, guidelines, rules and policies and instructions pertaining to the use of the and/or access to the same issued by the Company, from time to time. The Company reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time without notice given to the User and by accessing the Services and/or Services, the User are deemed to be aware of and bound by any changes to the foregoing upon their broadcast on the Services.

The Company may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Services or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents the User from accessing the Services or any part of the Services.

 

Non-Obligation Right to Monitor Content

The Company is not obliged but shall reserve the right to do the following:

·        To monitor, screen or otherwise control any activity, content or material on the Services and/or through the Services. The Company have sole and absolute discretion to investigate any violation of the terms and conditions contained herein and the User shall agree on any action taken by the Company as the Company deem appropriate;

·        To prevent or restrict access of any User or User to the Services and/or the Services without any reason whatsoever;

·        To report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

·        To request for any information and data from the User in connection with the User’s use of the Services and/or access of the Services at any time and to exercise our right under this paragraph if the User refuse to divulge such information and/or data or if the User provide or if the Company have reasonable grounds to suspect that the User have provided inaccurate, misleading or fraudulent information and/or data and may bar the User from using the Services and/or the Services based on such suspicion.

 

Privacy Policy

The User’s use of the Services and/or access to the Services is also subject to the Privacy Policy as set out in the Platform. Any personal information you submit to the Service or 17APP will be treated by 17APP in the matter described in the Privacy Policy, located at https://m.17APP.io/upload/tnc/policy.html

 

Restricted Activities

The User agrees and undertake NOT to:

·        impersonate any person or entity or to falsely state or otherwise misrepresent the User’s affiliation with any person or entity;

·        breach or circumvent any laws, third-party rights or our systems or policies;

·        use the Platform or Services for illegal purposes;

·        use the Services if the User is not able to form legally binding contracts, or is temporarily or indefinitely suspended from using our Services;

·        attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or user accounts or networks connected to the Platform or Services;

·        post, promote or transmit through the Platform or Services any Illegal or Prohibited Materials or taxable Materials which are not legally taxed by the authorities;

·        post, promote or transmit through the Platform or Services any age limited products, including vape, cigarettes, alcohol and/or any other products restricted by age without a verification of age;

·        interfere with another’s utilisation and enjoyment of the Platform or Services;

·        use or upload, in any way, any software or material that contains, or which the User have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt data or damage or interfere with the operation of another User’s computer or mobile device or the Platform or Services; and

·        use the Platform or Services in contrary of all acceptable policies of any computer networks, any applicable good practice standards and any other applicable laws.

 

Terms & Conditions of Sale

Purchases of any Listed Services would be subject to our Terms & Conditions of Sale.

Purchases of any Listed Services rendered by our Sellers may be subjected to a deposit being collected upon confirmation of such services rendered. The User may be required to pre-authorise their credit card for the amount agreed for such Listed Services. Depending on our Sellers, any remainder payments shall be paid upon completion of works or as scheduled by the Seller providing such services. In addition to these Terms of Use, the sale of any Product and/or Listed Services may be subjected to the individual Seller’s own terms and conditions, which will also apply in full force and effect.

 

Seller’s Accounts

In using the Services, Seller is responsible for maintaining the confidentiality of Seller’s own account and password, and for restricting unauthorized access to Seller’s account. It is your responsible to maintain the confidentiality and security of your account and password. 17APP cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

 

Seller hereby agrees to accept responsibility for all activities that occur under the Seller’s account. As a User of the Services, you shall be held responsible for all the Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account). Any use of the Service for any illegal or unauthorized purpose are strictly prohibited. User of the Service must not violate any laws in your jurisdiction (including but not limited to copyright laws).

 

Without limiting other remedies, the Company may limit, suspend, or terminate the Services, its service and user accounts, prohibit access to the Services and its contents, delay or remove hosted contents , and take technical and legal steps to keep users off the sites if, based on the Company’s sole discretion, it is Considered that Seller is causing possible legal liabilities, infringing the intellectual property rights of third parties, in breach of any of the Terms and Conditions or this Agreement or acting inconsistently with the letter or spirit of the Company Policies set by the Company (such policies are as contained in the Company’s official webpages). Additionally, the Company may suspend or terminate the accounts of any Sellers WHO may be infringers of intellectual property rights of third parties. Also the Company reserves the right to terminate accounts that have been inactive for 3 (three) months and/or not responding to more than 3 (three) orders submitted and/or have more than 5 (five) valid complaints at any given month. While using this Platform as a Seller, Seller will must not:

a. Post inappropriate content or products in the categories or areas on the Platform or Services;

b. Violate any laws, third party rights, or Policies such as the Prohibited and Restricted products policies;

c. Use the Platform or Services as a Seller if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Services;

d. Manipulate the price of any product or interfere with other user’s listings;

e. Manipulate the fee structure, the billing process, or fees owed to the Company;

f. Post False, Inaccurate, misleading and/or defamatory content (including personal information);

g. Take any action that may undermine the feedback or ratings systems;

i. Distribute or post spam, chain letters, or pyramid schemes;

j. Distribute viruses, Trojan horses, backdoors, worms or any other technologies or programs that may harm the Services, or the interests or property of users of the Services;

k. Copy, modify, or distribute the contents from the Services and the Company’s copyrights and trademarks; or

l. Harvest or otherwise collect information about users, Including but not limited to email addresses, without Reviews their consent;

m. infringes the intellectual properties of any other party;

n. post, promote, sale or transmit through the Platform or Services any Illegal or Prohibited Materials or taxable Products which are not legally taxed by the authorities;

o. post, promote or transmit through the Platform or Services any age limited products, including vape, cigarettes, alcohol and/or any other products restricted by age without a verification of age;

m. harvest or otherwise collect information about users, such as email addresses, without their consent; or

n. Use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, or other policy holds Consequences as regulated by the Company.

Violations of this Agreement may result in a range of actions, Including but not limited to:

a. Account suspension / termination

b. Loss of Settlement Amount

c. Limits placed on account privileges

d. Remarks tagged to account

f. Criminal charges and / or claims for damages

Sellers may be liable for transaction fees arising out of all sales made using the Platform or Services, even if sales terms are finalised or payment is made outside of the Platform.

Sellers are required to have a payment method on file when selling. If the payment method fails or account is overdue, the Company may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.

Paying fees don’t purchase exclusive rights to item exposure on the Platform whether on a web page, mobile app, or otherwise. The Company may display third party advertisements (including links and references thereto) or other content in the Platform at the sole discretion of the Company.

 

Service Fees

Service Fees shall be incurred for a number of service fees for completed transactions such as Transaction Fee, Service Charges, various service fees for marketing and promotion features, and other service fees as determined by the Company as stipulated in the Seller Agreement and/or Fee Schedule. When a Seller uses a product or a service that has a fee, the Sellers will have an opportunity to review and accept the fees that will be charged upon them for the transaction they are about to make, as stipulated in Fees Schedule. If applicable, all fees are subject Sales and Services Tax (“SST”) and other taxes under all applicable laws and regulations, and the Company may charge the Sellers such SST and other taxes additionally. Seller agrees that service fees and taxes may be paid by deduction from the purchase value paid by buyers or by other methods agreed by the Seller in accordance with the Policies determined by the Company.

 

User accounts

Certain Services that may be made available on the platform may require creation of an account with the Company or for the User to provide Personal Data. If the User request to create an account with the Company, a Username and Password may either be determined and issued to the User by the Company or provided by the User and accepted by the Company in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. The Company may at any time request that the User update the User’s Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by the User or arising out of or in connection with or by reason of such request or invalidation.

The User hereby agree that the User shall be responsible for the security of the User’s account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. The User should notify the Company immediately if the User have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if the User’s Personal Data requires updating. The Company shall not be responsible if any third party uses the Services using the User’s Personal Data. The User further agree and acknowledge that the User shall be bound by and agree to fully indemnify the Company against any and all Losses attributable to any use of any Services and/or or access to the Services referable to the User’s Username and Password.

 

Purchase of Listed Services

The User agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Product and/or Listed Services through the Services, as well as any amendments to the aforementioned, issued by The Company, from time to time. The Company reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and the User are deemed to be aware of and bound by any changes to the foregoing upon their broadcast on the Services.

All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “User Contract”) shall constitute a separate contract between the Seller and the User only. The User acknowledge that unless the User receive a notice from The Company or the Seller confirming the User’s Order, Seller shall not be party to any legally binding agreements or promises made between Seller and the User for the sale or other dealings with the Product and/or Listed Services(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Services in its absolute discretion.

Except as expressly provided by law, Seller excludes (unless expressly prohibited by applicable mandatory law) all express or implied terms, warranties or conditions with respect to the Product and/or Listed Services supplied.

The User acknowledge and warrant that the User have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either The Company or Seller. The User also acknowledge and agree that to the extent allowed under the Malaysian law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and User Contracts allocate risks between the parties and permit Seller to provide the Product and/or Listed Services at lower fees or prices than Seller otherwise could and the User agree that such exclusions on liability are reasonable. All orders made by the User are final and the User shall not terminate any orders unless the Seller fails to perform the order made upon the agreed time.

Unless specifically stated herein by the Seller, no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Product and/or Listed Services supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller. Any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against The Company within six months from the date of delivery, or from the scheduled delivery of the Product and/or Listed Services.

The Company shall not be liable for any incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Seller’s implied or express warranty on the Product and/or Listed Services.

Seller shall be under no liability under any warranty condition or guarantee) if the total price for the Product and/or Listed Services has not been paid in cleared funds to the Company by the due date for payment.

The User agree that all representation made by any Seller shall only be an illustration only and shall not be an inducement of sale for the User to purchase any Product and/or Listed Services from the Services.

Whilst all precautions have been taken to ensure the accuracy provided in this Platform, the User agrees that the User shall conduct and has conducted their own due diligence on the information provided in the Services prior to the purchase of any Product and/or Listed Services.

The Seller agrees that all representation with regards to the Seller as contained in the Services originates from the Seller and the Seller agrees to indemnify the Company from any claims that may arise from the representation made therein.

 

Delivery of Listed Services

Delivery of the Listed Services shall be made to the address the User specify in the User Order either by Seller or by The Company (or its agents) on behalf of Seller.

Shipping and packing shall be conducted by a third party contractor unless mentioned otherwise and all charges shall be collected and as set out in the Order.

There may be instances whereby shipping fees may be charged by the Seller of which such charges shall be specifically included in the invoice issued out to the User.

The User may track the status of the delivery at the “Order Tracking” page of the company providing delivery services.

The User acknowledge that delivery of the Product and/or Listed Services is subject to availability of the Product and/or Listed Services. Seller will make every reasonable effort to deliver the Product and/or Listed Services to the User within the delivery timeframe stated on the relevant page on which the Product and/or Listed Services is listed, but the User acknowledge that while stock information on the Services is updated regularly, it is possible that in some instances a Product and/or Listed Services may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of the User’s Product and/or Listed Services is delayed Seller will inform the User accordingly via e-mail and the User’s Product and/or Listed Services will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused. If the User fails to take delivery of the Product and/or Listed Services (otherwise than by reason of any cause beyond the User’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may consider that the Product and/or Listed Services has been delivered within 3 days from the purported delivery date without any recourse available to the User.

 

Prices of Product and/or Listed Services

The price of the Product and/or Listed Services payable by a User shall be the Listing Price at the time at which the Order placed by the User is transmitted to Seller (through the Services) and/or the Quoted price of the Professional accepted by the User to complete their requisite Professional Services. All Listing Prices Quoted Price are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

 

Settlement

Seller shall submit personal / business identification information such as a copy of Identity Card (My Kad) or necessary business licenses or company documents as requested the Company and bank account information together with documents, as required by the Company, evidencing that the bank account is owned by and in the name of the Sellers when completing the seller registration. Sellers shall not claim against the Company for damages, other than those stipulated in the Policies as determined by the Company. The amount payable by the Company to the Sellers for any completed transactions through the Services is the Settlement Amount. The Settlement Amount will be calculated by deducting all service fees, including payment gateway fees, commission fees and/or shipping fees, where applicable, from the amount paid by the buyers. Sellers must choose Settlement method upon registration, either via direct transfer to Seller’s bank account or deposit in Seller Cash. The Settlement Amount shall be paid in accordance to the Seller Agreement.

Notwithstanding the provision of herein, all Settlement will comply with the Policies as determined by the Company. The Company may at its discretion curtail the term based on Seller’s performance or based on certain circumstances. Seller may at any time request to withdraw from the Seller Balance of the Sellers and the requested amount shall be remitted to the Seller’s bank account within 2 (two) business days.

The Company may deduct from the Settlement Amount to any expense or loss to which may have arisen due to the fault of the Seller, or in order to protect against the risk of liability, payments of the Settlement Amount may be withheld at the Company’s discretion.

The Company may also issue an invoice to the Seller should there be any cancellation, in accordance to the Seller Agreement and may deduct the amount due for such invoice prior to payment of any monies due to the Seller. All Charges due to the Company shall be as agreed by the Seller and the Company at the time the Seller signed up to use the Platform/Services. Settlement Sum shall be paid in arrears at the 7th, 14th 21st and 28th day of each month. The cut of date shall be two days before such Settlement Sum, eg the payment made on the 14th of each months shall be for transactions made between the 5th to 12th day of the month and so forth.

 

Payment and refund terms

The User may pay for the Services using any of the payment methods prescribed by The Company from time to time. A valid credit card is required as one of the payment methods.  

Any payment made to the Company for the Service is non-refundable and no exception will be granted in order to maintain the conformality and fairness. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and user shall be responsible for payment of all such taxes, levies, or duties, excluding only MALAYSIA taxes.

 

If the User wish to upload their application to Apple or Google Play, user need purchase their own account and send to 17APP for process else all the app generated from 17APP will be store at www.35appstore.com .

 

17APP will at its best endeavors or do whatever possible to get Apple or Google Play to approve user’s application. Nevertheless, we do not and cannot guarantee acceptance. If Apple or Google Play denies any of the user’s application, user may cancel your account. Please take note that no refund shall be granted for any cancellation under such circumstances.

 

User shall take note that certain aspects of the Service may be provided for a fee or other charge. If user use the paid aspects of the Service, user shall gree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, including those posted or linked at https://m.17APP.io/.

 

In the event you wish to cancel your subscription, you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. You acknowledge and agree that the term of your subscription shall automatically renew for additional successive terms equal to the period of your initial term, unless you provide 17APP with notice of your intent not to renew your subscription at least SEVEN (07) WORKING DAYS prior to the end of the then-current subscription term.

 

If your use of the Service exceeds the specified maximum number of native app downloads or mobile website visits for your current subscription level, notification will be sent to you by e-mail and you will be automatically upgraded to the next subscription level. If you continue to subscribe to the Service, then you will keep the same subscription level until you cancel the Service or are upgraded again (if applicable). In particular:

·        If you are on an annual plan, and your use of the Service exceeds the specified maximum number of native app downloads or mobile web-site visits in your current annual plan, you will automatically and immediately be upgraded to the next higher available annual plan at posted at https://m.17APP.io /

 

 

You are responsible for any additional payments required for an upgraded subscription level [on a retroactive basis to the beginning of your current billing cycle]. By way of example, if you have selected and are using the STARTER Service, and before the end of a month your use of the Service exceeds the maximum number of native app downloads, then before the end of that month, you will be automatically upgraded to the PREMIUM Service and charged the applicable fees for that next annual.

 

When the User place an Order, actual payment will be charged. All payments shall be made to The Company, either accepting payment in its own right or as Seller’s agent The User acknowledge that The Company is entitled to collect payments from the User on behalf of Sellers.

The payment methods may be subject to additional terms as prescribed by The Company from time to time. The User further agree that the User are subject to the agreements applicable to user agreement of the User’s payment method. The User may not claim against the Company or any of its agents, for any failure, disruption or error in connection with the User’s chosen payment method. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the User or giving any reason.

Seller may invoice the User upon the due date of any payment under a User Contract. If the User 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 Seller, Seller shall be entitled to cancel the User Contract or suspend delivery of the Product and/or Listed Services until payment is made in full.

 

Cancellation and Termination

Any cancellation of account shall be done properly, and User shall solely responsible for properly canceling their account. Account cancellation requests must be sending an email to [email protected].io.

 

Upon cancellation, all and every Content of the Users will be deleted from the Service. User shall take note that all the information deleted cannot be recovered. 17APP, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other 17APP service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. 17APP reserves the right to refuse service to anyone for any reason at any time.

 

Modifications to the Service and Prices

17APP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to any monthly subscription plan fees to the Service, are subject to change at any time, with or without notice. Notice may be provided at any time by posting the changes to the 17APP website (m.17APP.io).

 

17APP shall not be liable to any user or to any third party for any modification, price change, suspension or discontinuance of the Service. From time to time, 17APP may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although 17APP will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

 

Questions and complaints

If the User have any questions or complaints, please contact The Company using the “Contact the Company” page on the Services. The Company will liaise with Sellers on the User’s questions and complaints. Customer and Technical support are available through [email protected] 

Risk and property of the Products

Risk of damage to or loss of the Products shall pass to the User at the time of delivery or if the User wrongfully fails to take delivery of the Products, the time when The Company has tendered delivery of the Products.

Notwithstanding delivery and the passing of risk in the Products, the property in the Products shall not pass to the User until The Company has received in cash or cleared funds payment in full of the price of the Products and all other Products agreed to be sold to the User for which payment is then due.

Until such time as the property in the Products passes to the User, the User shall hold the Products as the Company’s fiduciary agent and shall keep the Products separate from those of the User.

The User agrees with The Company that the User shall immediately notify The Company of any matter from time to time affecting The Company’s title to the Products and the User shall provide The Company with any in-formation relating to the Products as The Company may require from time to time.

The User shall indemnify The Company, all of its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the User in connection with the assertion and enforcement of the Company’s rights.

 

Intellectual property, Copyright and Content Ownership

All Intellectual Property in and to the Platform, the Services and the Materials provided by the Company are owned, licensed to or controlled by the Company, our licensors or our service providers. The Company reserve the right to enforce its Intellectual Property to the fullest extent of the law. Nothing in the Services, or any Materials provided by the Company may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. The Company or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials. Trademarks or tradenames, whether registered or not belong to the Company or Sellers. Nothing on the Services and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

 

The Company claim no intellectual property rights over the material use provide to the Service. Your profile and materials uploaded onto the Services shall remain your Property. However, you should take note that by using 17APP.com to create your iPhone Application, you agree to allow others to view and share your Content.

 

17APP does not pre-screen Content, but 17APP and its designee shall have the right (but not obliged) and sole discretion to refuse or remove any Content that is available via the Service.

 

The look and feel of the Service is copyright 17APP, Inc. All rights reserved. 

 You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from 17APP.By using the Service, you warrant that you have full right and ownership of any and all copyrighted material you upload to, or distribute through, the Service.

 

You shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents) required in connection all Content selected by you for use in connection with the Service and/or 17APP application.

 

17APP respects the rights and intellectual property of others, and we hope our users to do the same. If you believe that your product or work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide 17APP’s Copyright Team at [email protected] with the following information:

 

                                                     I.          a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;

                                                   II.          a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located;

                                                  III.          a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agents, or applicable law;

                                                 IV.          a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the product, work, copyright or intellectual property, or authorized to act on such owner’s behalf; and your electronic or physical signature, name, physical address, telephone number and email address.

 

Limitation of responsibility and liability

The Services, the Services and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Services or the Platform are provided for informational purposes only. There shall be no representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, given in the Services, the Services, the Services or the Materials. Without prejudice to the generality of the foregoing, the Company do not warrant the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Services, the Services or the Materials; that the Services, the Services, the Services or Materials will be provided uninterrupted, any computer virus or other malicious, destructive or corrupting code, agent, program or macros, secure or free from errors or omissions, or that any identified defect will be corrected.

The User and Seller agrees that there shall be a risk that information transmitted or received through the Services or the Services may be accessed by unauthorised third parties and/or disclosed by the Company or our officers, employees or agents to third parties purporting to be the User or purporting to act under the User’s authority and that it is a common accepted risk that transmissions over the Internet and electronic mail may be subject to interruption, transmission delay or blackout, or incorrect data transmission due to the public nature of the Internet.

The User and Seller further agrees not to hold the Company liable for any misunderstanding, error, damage, expense or Losses resulting from the use of the Services.

The Company shall not be liable for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

a) any access, use and/or inability to use the Services or the Services;

b) reliance on any data or information made available through the Services and/or through the Services. The User should not act on such data or information without first independently verifying its contents;

c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

d) any use of or access to any other website or webpage linked to the Services, even if the Company or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

 

Refusal of Order

The Company reserves the right to withdraw any Product and/or Listed Services and/or Seller Services from this Site at any time and/or remove or edit any materials or content on this Site. The Company will make best efforts to always process all Orders but there may be exceptional circumstances wherein, the Company may need to refuse to process an Order after an Order Confirmation is sent, which the Company reserves all right to do at any time, at its sole discretion.

If an Order is cancelled and payment has been made for the same, such payments shall be refunded fully.

 

Use of Services

Use of the Services is subject to all clauses contained herein and is also limited to authorised Users that are of legal age and have the legal capacity to enter into and form contracts under laws of Malaysia. Users who have breached or are in breach of the terms and conditions contained herein and Users who have been permanently or temporarily suspended from use of any of the Services may not use the Services.

The User further agrees:

·        to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and

·        to ensure that any information or data the User post or cause to appear on the Services in connection with the Services is accurate and agree to take sole responsibility for such information and data.

Prices listed on the Services/Platform and the Listing Prices are subject to governmental taxes, unless otherwise stated. The Company reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.

The Company do not warrant that any description of any product listed on the Services/Platform is accurate, current or free from error. The User acknowledge that parties other than The Company list and sell Product and/or Listed Services on the Services. Any agreement entered into for the sale of a Third Party Seller’s Product and/or Listed Services to a User shall be an agreement entered into directly and only between the Third Party Seller and the User.

Hyperlinks, and alerts

The Company may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and the Company are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and the User agree that the User’s access to or use of such linked websites or content is entirely at the User’s own risk.

The Company may attach banners, java applets and/or such other materials to the Services for the purposes of promoting our or our Third Party Sellers’ products and/or services. For the avoidance of doubt, the User shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.

The User’s submissions and information

The User grant the Company a non-exclusive licence to use the materials or information that the User submit to the Services and/or provide to the Company, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When the User post comments or reviews to the Services, the User also grant the Company the right to use the name that the User submit or the User’s Username in connection with such review, comment, or other content. The User shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead the Company or third parties as to the origin of any Submissions. The Company may, but shall not be obligated to, publish, remove or edit the User’s Submissions.

The User give the User’s full, free, and unequivocal consent and authority to the collection, processing and use by the Company of any information provided by the User (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to the User. The User’s agreement to the provisions of this Clause 8.2 shall constitute the User’s consent for the purpose of the provisions of any spam control laws (whether in Malaysia or elsewhere). The User may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

The Company may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. The User understand that the Company are not required to contest any demand made by an (government) authority for such information.

The User acknowledge that the User have read and agree to the Privacy Policy and consent to our collection, use and disclosure of the User’s Personal Data for the purposes as set out in the Privacy Policy.

 

Termination

The Company may with immediate effect, upon giving the User notice, terminate the User’s use of the Services and/or Services and/or disable the User’s Username and Password. The Company may bar access to the Services and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if the Company believe that the User have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Services.

The User may terminate these Terms of Use by giving seven days’ notice in writing to the Company.

 

Notices

All notices or other communications given to the User if:

a) communicated through any print or electronic media as the Company may select will be deemed to be notified to the User on the date of broadcast or broadcast; or

b) sent by post or left at the User’s last known address will be deemed to be received by the User on the day following such posting or on the day when it was so left.

The User may only give notice to the Company in writing sent to our designated address or e-mail address, and the Company shall be deemed to have received such notice only upon receipt. While the Company endeavor to respond promptly to notices from the User, the Company cannot guarantee that the Company will always respond with consistent speed.

The Company may from time-to-time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

 

General

Unless otherwise expressly provided herein, the provisions herein are cumulative and are without prejudice and in addition to any rights or remedies the Company may have in law or in equity, and no exercise by the Company of any one right or remedy under these Terms of Use, or at law or in equity, shall operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity. Our failure to enforce these Terms shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms. If at any time any provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed.

A person or entity who is not a party to these Terms shall have no right under any legislation in any jurisdiction to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. Nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms. All agreements and terms between the Company, Users and Sellers shall be governed by and construed in accordance with the Malaysian Law and the User hereby submit to the exclusive jurisdiction of the High Court of Malaya in Kuala Lumpur. The Company may seek any injunctive relief if due to a breach or non-performance if such relieve is the appropriate or adequate remedy.

The Company may by notice through the Services or by such other method of notification as the Company may designate, vary the terms and conditions of these Terms of Use, such variation to take effect on the date specified by the Company through the above means. If the User use the Services or the Services after such date, the User are deemed to have accepted such variation. If the User do not accept the variation, the User must stop access or using the Platform and the Services immediately. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity Terms of Use.

All money references under the Services and/or Platform shall be in Malaysian Ringgit.

These Terms of Use shall constitute the entire agreement between the User and the Company relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

The rights under these Terms cannot be assigned without our prior written consent. The Company may assign our rights under these Terms of Use to any third party.

The Company shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of contents of the Platform and/or Services’ if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond the Company’s reasonable control.