The following terms and conditions shall constitute an
agreement between you and RICHTECH COMMUNICATIONS SDN. BHD. (REGISTRATION
NO. 200101025973) (561731-V) (hereinafter referred to as “RICHTECH”,
“we” “our” or “us”), for the use of the mobile application
known as ‘SRS’ ("SRS App” or “Application”) and internet web
portals known as https://srs.my and
onlinereload.net
(“SRS Web”) (collectively, the SRS App and SRS Web shall be known as the
“SRS Platform”). These terms and conditions (the “Terms and
Conditions”) including the privacy policy under the SRS
Platform
implemented by us (“Privacy Policy”) are collectively, known as this “Agreement”
or “Terms and Conditions” and any rules or policies applied by the
Google Play/Apple Store application store from whose site you downloaded the SRS
Platform shall govern your use of the SRS Platform.
By clicking
on the “Accept” or “Agree” button, or by accessing the SRS Platform,
whichever occurs first, you have agreed to and are legally
bound by the Terms and Conditions. If you do not agree with this Agreement, you
must refrain from downloading or using the
SRS Platform.
Please note
that we offer the use of the SRS Platform “AS IS” and without warranties. You
hereby authorize the use and disclosure of your information for purposes of
allowing us to provide the SRS Platform and as otherwise disclosed in our
Privacy Policy.
We may revise and update these Terms and
Conditions from time to time at our sole discretion. You should visit the SRS
Platform regularly to make note of any changes we have made on our Terms and
Conditions.
Your
continued use of the SRS Platform after the revised Terms and Conditions
constitutes your acceptance to the changes.
You shall
keep a copy of this Agreement for your records.
1.
GENERAL TERMS
1.1.
About Your Account
(a)
SRS Platform allows you to top up the
credits in your registered account under the SRS Platform. The credits stored
in the SRS Platform can only be strictly used for services or solutions
provided on the SRS Platform. It cannot be replaced if lost, stolen or damaged due
to such circumstances which are totally beyond our reasonable controls
including but not limited to such cybersecurity attacks as the case may be,
unless you have reported the loss as described below. The credits that you top
up onto your SRS Platform’s account are prepayments only for the services or
solutions within the SRS Platform. No credit card, credit line, overdraft
protection or deposit account is associated with the SRS Platform. No interest,
dividends or any other earnings on funds loaded onto your account will accrue
or be paid or credited to you by RICHTECH. The credits associated with the SRS Platform
are not insured or guaranteed by any person or entity.
(b)
We reserve the right to terminate
your account or otherwise limit use of your account if we reasonably believe
that the use does not conform to the permitted uses as set out herein. Further,
we reserve the right to suspend the use of the account of the users at our
absolute discretion in the event there is, in our opinion, any misuse of the
same by you.
1.2.
Topping Up Credits to Your Account
(a)
You can top up credits onto your
account under the SRS Platform by using either manual payment channel such as
bank transfer or automated payment channels, such as, JomPAY,
DuitNow, Touch ‘n Go’s eWallet,
Billplz and cash via over-counter transactions at 7-11
convenience stores. You must ensure you have sufficient credits in your account
before you proceed to use any of the services within the SRS Platform.
(b)
Any personal data which you provide
to us for the purpose of topping up credits to your account will be held
pursuant to our Privacy Policy, on servers in Malaysia. By proceeding with the
topping-up facility, you agree to these Terms and Conditions. Topping up your
account with your another account registered under the
SRS Platform is not allowed. A minimum amount of RM10.00 is required to top up
your registered account for the purchase of services and products within the
SRS Platform. There may be a cap for the maximum amount permitted to be topped
up into your registered account, depending on the payment channels that you
elect.
1.3.
Fees and Credit Balances
(a)
RICHTECH does not charge any fees for
the issuance, activation or use of your account. Your account will not be
expired or deactivated if it is not in use. Accordingly, any credit balance which
was not used for a period of three (3) years from the date of top up will be
forfeited by RICHTECH unless a refund (upon RICHTECH’s approval in writing) has
been approved by RICHTECH to you at our absolute discretion.
1.4.
Receipts and Statements
(a)
No statements of itemized
transactions from an account will be sent or made available. You can check the credit
balance of your account or review recent transactions on the SRS Platform, or
by contacting our customer service.
1.5 Credit Usage
(a) The credits in your
account cannot be exchanged for cash.
1.6 Complaint Handling
(a)
We reserve the right to alter, modify
for the correction of the credit balance reflected in your account if we
believe that a clerical, billing or accounting error has occurred. If you have
questions regarding your transaction history or any correction, or if you
dispute any transaction or correction that has been assessed against your
account, please raise the same to us by contacting our Customer Care Team at [email protected]
or WhatsApp +60 11-5555 6318 (“Customer Care Team”), within ten (10)
days from the date of transaction and we will investigate and communicate the
results and correct any error that we verify as soon as we finish the
investigation, failing which such transactions shall be deemed to be in order.
If no error was found, we will communicate an explanation. You should monitor
your transactions and account balances closely.
1.7 Optional Registration Liability for
Unauthorised Transactions
(a)
As your account is used for the
services within the SRS Platform strictly, you are fully and solely responsible
for the security, management and for all transactions associated with your
account, including unauthorized transactions. There are no replacements for
lost or stolen credits of your account(s).
(b)
However, your account can be cancelled
or deactivated by contacting our Customer Care Team. Please notify us
immediately if there is a change of information provided during registration.
Personal information which you provide to us for the purposes of registering
your SRS account will be held pursuant to Privacy Policy. If your registered
account is lost or stolen, you should contact us immediately through our
Customer Care Team.
1.8 In the event that you are to register an
account under the SRS Platform: -
(a)
you shall not select a username or
password that would violate any person’s rights or one that in our opinion is
offensive, improper or inappropriate. RICHTECH reserves the right to modify or
delete any username or password and/or terminate your registered account.
RICHTECH shall not be liable in any way for any improper use of a username or
password under this clause.
(b)
you shall be solely and absolutely
responsible for maintaining the confidentiality of the login information and
password in respect of its account. RICHTECH shall not be liable for any
unauthorized use of your account by any other person.
2.
IMPORTANT LEGAL TERMS
2.1.
Apple and Google Terms and Conditions
(a)
The Terms and Conditions shall supplement
and incorporate (a) in case the SRS App is distributed through Apple, Inc.’s (“Apple”)
system, Apple’s Terms and Conditions (located at https://www.apple.com/legal/internet-services/terms/site.html)
including, without limitation, the Licensed Application End User License
Agreement provided therein (“Apple Terms”); (b) in case the SRS App is
distributed through Google Inc’s (“Google”) system, Google Play Terms of
Service (located at https://play.google.com/about/play-terms/) (“Google
Terms”) and such terms implemented by RICHTECH from time to time ("RichTech Terms”), including the Privacy
Policy. If any of the provisions of the Apple Terms, Google Terms or any
applicable RICHTECH Terms conflict with these Terms and Conditions, these Terms
will control, solely to the extent such terms apply to the SRS App.
2.2.
User Rights
(a)
Subject to these Terms and Conditions,
we grant you a personal, non-exclusive, non-transferable, limited and revocable
rights to use the Application on an Apple or an Android mobile device (each a “Device”)
owned or controlled by user as permitted by the Apple Terms or the Google Terms
and in accordance with these Terms and Conditions.
(b)
Any use of the SRS Platform in any
other manner, including, without limitation, resale, transfer, modification or
distribution of the SRS Platform or text, pictures, music, barcodes, video,
data, hyperlinks, displays and other content associated with the SRS Platform
(“Content”) is prohibited. This Agreement also governs any updates to,
or supplements or replacements for, the SRS Platform unless separate terms
accompany such updates, supplements or replacements, in which case the separate
terms will apply.
2.3.
Online Payment
(a)
users who download the Application to
a Device may also elect to participate in certain functionality of the
Application which will allow the user to use a Device to load value to or make
payment within the SRS Platform in accordance with these Terms and Conditions.
(b)
RICHTECH reserves the rights to edit,
share, reject, erase, remove and delete any of the Content and link to web
pages and/or media platform in the Application, at our sole discretion.
(c)
RICHTECH further reserves the right
at any time to discontinue any or all of the functions of the SRS Platform.
(d)
RICHTECH shall not be liable to
verify the identity or authenticity of any Device holder. All transactions
carried out from your account through a Device shall be deemed to be valid and
authorized by you.
2.4.
Anti-Money Laundering, Anti-Terrorism
Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA 2001”)
(a)
You also represent and warrant that
you will not facilitate any transaction within the SRS Platform, on behalf of
any person which is in contravention of the AMLA 2001. You agree to share with
us any information with the source of the funds or monies for purposes of
ascertaining whether a transaction is warranted with suspicious.
(b)
In addition, you shall, to the extent
consistent with applicable laws including but not limited to the AMLA 2001,
take all steps necessary and appropriate to provide us with any requested
information in relation to any of the transactions performed within the SRS
Platform or we shall request such information in response to an inquiry or
investigation by an appropriate authority.
2.5.
User Information
(a)
Some functionalities of the
Application may require the transmission of information provided by you as one
of the users, including but not limited to your names, passwords, addresses,
e-mail addresses, financial information (such as credit card numbers), the
International Mobile Equipment Identity number accessed in the user’s Device,
phone-book information, information related to the SRS Platform or GPS location
(“User Information”).
(b)
If you use such Application
functionality you hereby consent to the transmission of User Information to
RICHTECH, its agents and/or service providers and authorizes RICHTECH, its
agents and/or service providers to record, process and store such User
Information as necessary for the Application functionality and for purposes
described in the RICHTECH Privacy Policy.
(c)
You are solely responsible for
maintenance of the confidentiality and security of any User Information
transmitted from or stored on a Device for purposes of the Application,
including online payment, for all transactions and other activities undertaken
with any account registered in the user’s name under the SRS Platform, whether
authorized or unauthorized.
(d)
You agree to immediately notify
RICHTECH of any unauthorized transactions associated with the Application
including online payment or any other breach of security. RICHTECH shall not be
responsible for any losses arising out of the loss or theft of User Information
transmitted from or stored on a Device or from unauthorized or fraudulent
transactions associated with the Application.
2.6.
Obligation as a User
In
addition to other terms herein, by using the Application, you shall abide by
the following terms and conditions:-
(a)
only use the SRS Platform for lawful purposes;
(b)
shall not use the SRS Platform in any
manner that could damage, disable, overburden, impair our servers or networks,
or interfere with any other party's use and enjoyment of the SRS Platform;
(c)
shall not collect or harvest any
information or data from the SRS Platform or our systems or attempt to decipher
any transmissions to or from the servers running the SRS Platform;
(d)
shall not infringe our intellectual
property rights or those of any third party in relation to the use of the SRS Platform;
and
(e)
shall not post or transmit any
material which contains viruses or other codes, files or programs which are
designed to limit or destroy the functionality of our system and security.
2.7.
Acceptable Use
(a)
Use of the Application and any
Content and User Information transmitted in connection with the Application is
limited to the contemplated functionality. You hereby agree that the use of the
Application and any Content must comply with these Terms and Conditions.
(b)
In no event may the Application be
used in a manner that:
(i)
harasses, abuses, stalks, threatens,
defames or otherwise infringe or violate the rights of any other party
(including but not limited to rights of publicity or other proprietary rights);
(ii)
is unlawful, fraudulent or deceptive;
(iii)
uses technology or other means to
access the SRS Platform or Content that is not authorized by RICHTECH;
(iv)
use or launch any automated system,
including without limitation, "robots," "spiders," or
"offline readers," to access the Application, RICHTECH Website or
Content;
(v)
attempts to introduce viruses or any
other computer code, files or programs that interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
(vi)
attempts to gain unauthorized access
to RICHTECH network or user accounts;
(vii)
encourages conduct that would
constitute a criminal offense, or that gives rise to civil liability;
(viii)
violates these Terms and Conditions;
(ix)
attempts to damage, disable,
overburden, or impair RICHTECH servers or networks; or
(x)
fails to comply with applicable third-party
terms.
(collectively “Acceptable Use”).
(c)
In addition to Clause 2.8 below, RICHTECH
reserves the right, in its sole discretion, to terminate any rights granted to you,
terminate your participation in the Application, payment, or assert legal
action with respect to the Application that RICHTECH reasonably believes is or
might be in violation of these terms of Acceptable Use or any other provisions
as set out in these Terms and Conditions, but RICHTECH’s failure or delay in
taking such actions does not constitute a waiver of its rights to enforce these
Terms and Conditions.
2.8.
Termination
(a)
We may immediately terminate this
Agreement by notice without prejudice to any other rights we may have under
this Agreement or at law in writing in the event -
(b)
Upon termination of this Agreement –
(i)
all rights granted to you under this
Agreement shall cease and we shall have the right to delete or deactivate your
account;
(ii)
the credit balance under your account
will be automatically forfeited by us;
(iii)
you must immediately cease all
activities authorised by this Agreement;
(iv)
you must immediately destroy, delete
and remove (i) the SRS Platform from all Devices, (ii) all Content in
connection with the SRS Platform which is in your possession, and (iii) all
copies of the Sites then in your possession, custody or control and certify to
us that you have done so.
(c) Clauses 2.9, 2.10, 2.11, 2.12
and 2.13 shall survive any termination or expiration of this Agreement.
2.9.
Indemnification
(a)
At RICHTECH’s request, the user
agrees to defend, indemnify, and hold harmless RICHTECH, and their affiliated
companies, and their employees, contractors, officers, and directors from any
and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities,
expenses (including attorney's fees) that arise from the user’s use or misuse
of the SRS Platform (including online payment), violation of these Terms and
Conditions or violation of any rights of a third party. RICHTECH reserves the
right to assume the exclusive defence and control of any matter otherwise
subject to indemnification by the user, in which event the user will cooperate
in asserting any available defences. In the event of any third-party claim that
the SRS Platform or the user’s possession and use of the Application infringes
that third party’s intellectual property right, RICHTECH, not Apple or Google,
will be solely responsible for the investigation, defence, settlement and
discharge of any such intellectual property infringement claim.
2.10.
No Warranties
(a)
RICHTECH is providing the application
to the user "as is" and the user is using the application at his or
her own risk. To the fullest extent allowable under applicable law, RICHTECH
disclaims all warranties and conditions, whether express or implied, including
any warranties or conditions that the application is merchantable, of
satisfactory quality, reliable, accurate, fit for a particular purpose or need,
non-infringing or free of defects or errors or able to operate on an
uninterrupted basis, or that the use of the SRS Platform by the user is in
compliance with laws applicable to the user or that user information
transmitted in connection with the application (including as part of online
payment) will be successfully, accurately or securely transmitted.
2.11.
No Liability
RICHTECH
will not be liable the user for:
(a)
any loss of income, business,
goodwill or profits arising out of this Agreement;
(b)
any unauthorized access to or
alteration, theft or destruction of the account;
(c)
the consequences of any delay or
mistake relating to the use of SRS Platform caused by any circumstances beyond
RICHTECH’s control;
(d)
any loss or damage which was not
caused by RICHTECH’s breach of this agreement or breach of legal duty of care;
(e)
any loss or damage which was not a
reasonably foreseeable result of either RICHTECH’s breach of this Agreement or
breach of legal duty of care. Loss or damage is "reasonably
foreseeable" if, at the time RICHTECH and the user entered into this Agreement,
such loss was contemplated by the user and by RICHTECH; or
(f)
any loss or damage suffered by the user
as a result of the user failing to take reasonable precautions against such
loss or damage.
2.12.
Marks, Application and Content
(a)
Any trademarks, service marks,
graphics and logos used in connection with the SRS Platform are the trademarks
of their respective registered owners (collectively “Marks”).
(b)
The Marks shall not be copied,
imitated or used, in whole or in part, without the prior written permission of
the relevant registered trademark holder. The Marks are protected by copyright,
trademark, patent, trade secret, international treaties, laws and other
proprietary rights, and may also have security components that protect digital
information only as authorized by the relevant registered trademark holder.
2.13. Third
Party Claims
(a) You acknowledge that you are
responsible for addressing any third-party claims relating to your breach of
obligations herein in respect of the permitted uses of the SRS Platform and
agree to notify us of such third-party claims of which you become aware. You
hereby agree to release us from any liability resulting from such breach as
well as the infringement by you of any proprietary rights of any third party.
(b) You shall promptly refer all
inquiries and complaints and cooperate with us to resolve any inquiries and
complaints from your customers or user to the extent necessary.
2.14.
Know Your Customer (KYC) Verification
Process
We
have a daily usage policy for all users. Users are allowed to top up your
account up to two times every twenty-four hours. If you attempt to top up your
account more than two times, or if your top ups exceed RM100.00 within this
period, you will be required to complete our KYC verification process.
3.
General
3.1.
Governing Law and Jurisdiction
(a)
These Terms and Conditions are
governed by the laws of Malaysia, without regard to conflict of laws rules. The
United Nations Convention on Contracts for the International Sale of Goods
shall not apply. The User irrevocably consents to the exclusive jurisdiction of
the courts of Malaysia for any legal action arising out of or related to the
use of the Application or these Terms and Conditions. If, as a result of the
introduction of new laws, stamp duty, statutory fee and service tax (including
any goods and services tax) are chargeable in connection with this Agreement,
you agree that RICHTECH is authorized to deduct such duty, fee and tax from
your account.
3.2.
Severability
(a)
If any provision of these Terms and
Conditions shall be deemed unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these Terms and shall not affect
the validity and enforceability of any remaining provisions.
3.3.
Assignment
(a)
We may transfer all or part of this Agreement
without such transfer being considered a change to the agreement, by giving
notice to you. The company or other entity to whom we transfer this Agreement
will have the same rights and obligations as we did before the transfer, and we
will ensure that it agrees in writing to be bound by the terms and conditions
of this Agreement so that your rights under this Agreement are not
detrimentally affected.
3.4.
Entire Agreement
(a)
All correspondence entered into under
this Agreement will be in the English language. This Agreement is the complete
and exclusive statement of the agreement between you and RICHTECH and
supersedes all prior proposals and all other agreements in respect of the
subject matter of this Agreement. If any provision of this Agreement is illegal
or unenforceable, that provision will be deleted from this Agreement, and the
remaining terms will not be affected. Headings are for convenience of reference
only and will in no way affect interpretation of this Agreement.
3.5.
Changes
(a)
RICHTECH reserves the right to change
or modify these Terms and Conditions or any other RICHTECH Terms related to use
of the SRS Platform at any time and at its sole discretion by posting revisions
on the SRS Platform. Continued use of the SRS Platform following the posting of
these changes or modifications will constitute acceptance of such changes or
modifications.
3.6.
Enquiries or Questions
(a)
If you have any questions regarding these
Terms and Conditions, or your account, please email our Customer Care Team.