2. USE OF THE PLATFORM AND/OR SERVICES
2.2 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Ikey shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 We 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 Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.5 We reserve the right, but shall not be obliged to:
(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;
(c) 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
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3. USER SUBMISSIONS
3.1 You understand that all information, images, pictures, data, text, music, sounds, photographs, graphics, videos, messages, or other materials ("Content"), whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated
3.3 When you post, submit, or upload Content on the Portal you represent and warrant that:
- • you and your Content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
- • you or your Content, and your use, storage, reproduction and display on the Portal will comply with all applicable local and/or foreign laws, rules and regulations (where applicable);
- • We also allow the Education Centre and other users to upload Content which may feature your child or other children on the Portal. We trust you have no objection in such Content but if you have any objection or issue, please contact us at [email protected];
- • your Content is not libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may appear to impersonate anyone else.
4. TRADEMARKS AND COPYRIGHTS
4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, 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 any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5. Our limitation of responsibility and liability
5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Ikey of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
5.2 Without limiting the foregoing, Ikey does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
5.3 Ikey and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you 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 Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You 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 Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we 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 you agree that your access to or use of such linked websites or content is entirely at your own risk.
7. APPLICABLE LAW AND JURISDICTION
8.2 Notwithstanding the foregoing, Ikey reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Ikey PAYMENT ACCOUNT USER
These Terms and Conditions govern your access and use of the Ikey virtual payment account ("Ikey Payment Account").
A. The Ikey Payment Account is operated by iPay88 (M) Sdn. Bhd. (“iPay88”) for Ikey Edutech Sdn. Bhd. (“Ikey”).
All references in these Terms and Conditions to "we," "us," or "our" shall refer to iPay88 as operator of the Ikey Payment Account. “You” and “your” shall refer to the User.
The Ikey Payment Account is associated with your Ikey Account and is intended for effecting payment for the purchase of goods and/or services offered by the Education Centres by registered Users.
By requesting and/or using the Ikey Payment Account, you, the User, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Ikey Payment Account.
B. These Terms and Conditions are in addition to the terms and conditions governing your use of the Ikey Website and your Ikey Account available at https://www.ikeyedutech.com.my/terms-of-use/.
C. These Terms and Conditions are supplemented by Ikey’s Membership Protection Policy (“Membership Protection Policy”), which give all Ikey customers the assurance of authorized payments on the Ikey Payment Account. The Membership Protection Policy also sets out compensation guidelines for losses arising from any unauthorized transactions on the Ikey Payment Account. The policy is available at https://www. ikeyedutech.com.my/terms-of-use/
DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:
"iPay88" means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
"Foreign Language Version" is defined under clause 14.9 of these Terms and Conditions.
"Indemnitees" means iPay88's and Ikey’s respective officers, employees, directors, agents, contractors and assigns.
"Ikey" means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
"Ikey Account" means the online account of the User on the Ikey App.
"Ikey Payment Account" is defined in the recitals to these Terms and Conditions.
"Ikey Payment Account Balance" is defined in clause 3.1 of these Terms and Conditions.
"Ikey App" is defined as the mobile application from which you make payment for goods or services offered by the participating Education Centres.
"Payment Instrument" is defined in clause 3.1.
"Personal Data" means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
"Registration Information" is defined under clause 2.1 of these Terms and Conditions and may include Personal Data.
"Service Fees" is defined in clause 5.
"User" means an authorized user of the Ikey Payment Account.
1. ACCESS TO THE IKEY PAYMENT ACCOUNT
1.1 You agree to:
1.1.1 use your Ikey Payment Account only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Ikey Payment Account in good faith;
1.1.2 comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the Ikey Payment Account, as well as any amendments thereto issued by us from time to time; and
1.1.3 ensure that any information or data you provide to us in connection with the Ikey Payment Account is accurate.
1.2 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.
1.3 Use of the Ikey Payment Account is restricted to registered users of the Ikey App.
1.4 By using the Ikey Payment Account, you agree to comply with all applicable laws and regulations in Malaysia, including not undertaking or engaging in any dealing or transaction with the State of Israel, its residents or any entity owned or controlled, directly or indirectly, by the State of Israel or its residents including any authority or agency of the State of Israel.
2.1 The registration process for the Ikey Account requires you to provide Ikey with accurate and complete personal information, including your name, address, telephone number, date of birth, email address and any other information as may be deemed necessary by us ("Registration Information"). You shall be responsible to update the Registration Information to ensure its completeness and accuracy. You acknowledge and agree that Ikey may share your Registration Information with us from time to time.
2.2 In addition to such Registration Information, we may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of the Ikey Payment Account or suspend or close your Ikey Payment Account.
2.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever, including making any enquiries on behalf of Ikey to process any refunds, including Refund Coupons, payable to you.
2.4 Each User is only entitled to have one (1) Ikey Payment Account associated with his or her Ikey Account.
2.5 You are solely responsible for keeping your username and password to your Ikey Payment Account secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform Ikey immediately.
4. USING YOUR IKEY PAYMENT ACCOUNT
4.1 You may use your Ikey Payment Account to purchase goods and/or services through the Ikey App. For security reasons, we may limit the amount or number of transactions you can make through your Ikey Payment Account. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.
4.3 You are responsible for all transactions initiated and fees incurred by using your Ikey Payment Account. If other persons access your Ikey Payment Account, we will treat this as if you have authorized such use and you will be responsible for any transactions made and fees incurred by such use.
4.4 You must notify us immediately of any unauthorized use of Ikey Payment Account or any other breach of security regarding the Ikey Payment Account of which you have knowledge. You must report any such activities within ninety (90) days for any claims for unauthorized use of your Ikey Payment Account to be valid for consideration under Ikey’s Membership Protection Policy.
4.5 You agree that we will not compensate you for any loss resulting from any claims for unauthorized use of your Ikey Payment Account under any of the following events, as determined at our sole and absolute discretion:
4.5.1 where any such claims relate to transactions that are found to be conducted on your trusted device, your IP address or any other user‐acceptable boundaries;
4.5.2 where you have acted fraudulently or with negligence, including but not limited to cases where you have wilfully disclosed your Ikey Payment Account log-in details to a third party;
4.5.3 if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorized transactions;
4.5.4 where any funds in your Ikey Payment Account are subject to legal process or other encumbrance restricting transfer;
4.5.5 where any such transactions took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or
4.5.6 where any terminal or system (including our or Ikey’s App or services) was not working properly or suffering any other technical malfunction before you initiated the relevant transaction.
4.7 We shall have the right to refuse any transaction on your Ikey Payment Account if:
4.7.1 the transaction does not satisfy these Terms and Conditions or the terms and conditions of your Ikey Account; or
4.7.2 where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.
4.8 When using your Ikey Payment Account to pay for a purchase on the Ikey App, payments may be processed through accounts owned by us or one of our affiliates and/or a registered third party service provider acting on our behalf.
4.9 For each purchase transaction you make on the Ikey App, we will transfer funds from your Ikey Payment Account when the first of any of the following events occurs:
4.9.1 we receive confirmation of a successful completion of the purchase from Ikey;
4.9.2 you fail to confirm receipt of the goods or services within the time limit prescribed under the terms and conditions of the Ikey App, in which case you will be deemed to have received the goods or services;
4.9.3 the conclusion of any settlement agreement or dispute between you and any other user of the Ikey App and/or Ikey, in which case the funds will be disposed in accordance with such settlement agreement or dispute resolution; or
4.9.4 Ikey or any of its affiliates, or us or any of our affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment.
4.10 When releasing any funds, we shall have the right to deduct or withhold any financial charges or service fees due and payable to us and/or Ikey in such amounts as instructed by Ikey.
4.11 If you experience any difficulties with your Ikey Payment Account, please contact us at https://www.Ikey.com.my/contact/. If you have placed an order on the Ikey App and experience difficulties with your order, please contact customer service https://www.Ikey.com.my/contact/.
4.12 You shall complete any purchases in accordance with the applicable terms and conditions of the Ikey App https://www.Ikey.com.my/terms-of-use/, which may be amended from time to time at Ikey’s discretion without notice.
4.13 You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for us to operate your Ikey Payment Account. If your failure to do so results in any delay in any transaction on your Ikey Payment Account, neither we nor Ikey shall be liable for any loss or damages arising from such delay.
4.14 You acknowledge and agree that we are not a bank or remittance agent and the services we provide to you in connection with your Ikey Payment Account should in no way be construed as the provision of banking services or remittance services. We are not acting as a trustee, fiduciary or escrow with respect to your Ikey Account Balance.
We reserve the right to impose fees to cover the relevant costs of providing the Ikey Payment Account services to you including those associated with the set-up and maintenance of your Ikey Payment Account (“Service Fee”).
6.1 If, having purchased goods or services on the Ikey Website, you are subsequently entitled to a refund for any reason in respect of such goods or services, you agree that Ikey will either (i) issue a Refund Coupon; or (ii) where the purchase was made using a credit card, credit the refund to the same credit card. We may require you to provide additional information prior to processing any refund.
6.2 A Refund Coupon is (i) not legal tender; (ii) not considered electronic money; (iii) not transferable; and (iv) subject to Ikey terms and conditions.
2. This Portal may contain links to third-party web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.
5. Some of the information herein is provided by the School. You are solely responsible for accessing the information contained on the Portal and any reliance you may place on such information is done solely at your own risk. Your dealings or communications with the School, and any terms, conditions, warranties or representations associated with such dealings are solely between you and the School. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such information appearing on this Portal.
8. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
9. We do not represent or warrant that:-
- o access to the Portal or any part of it, will be uninterrupted, reliable and/or fault-free; or
- o the Portal or any of its contents will be accurate, complete and/or reliable.
10. We do not guarantee or warrant that the data stored in our server or generated by the Portal will be backed up. You shall be responsible for keeping an independent backup of all data stored or generated. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, the latter shall prevail.