会员注册协议

Terms of Service

1.1       Welcome to our website (the “Platform”). These terms and conditions apply to your access and use of the Platform and any of our associated services, information and functions made available to you through the Platform (“Services”). Before using this Platform or the Services, please carefully read through these terms and conditions and all other applicable terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “Terms of Service”). By accessing the Platform and/or using the Services, you acknowledge that you have read, understood, accepted and agreed to be bound by the Terms of Service and any amendments to the foregoing issued by us from time to time. You further undertake to comply with the terms of our Privacy Policy.

1.2       The Terms of Service shall constitute a legal and binding agreement between you and Wing Heng Technology Sdn Bhd (“Wing Heng”, “we”, “us” or “our”). IF YOU DO NOT ACCEPT OR ARE UNABLE TO BE BOUND BY THE TERMS OF SERVICE, YOU MUST REFRAIN FROM ACCESSING OR USING THE PLATFORM AND/OR THE SERVICES.

1.3       Wing Heng reserves the right to change, modify, add and/or remove any portion of the Terms of Service. Wing Heng will notify you of any changes to the Terms of Service by a notice published on the Platform, or by other means of communication. Changes will be effective on the date prescribed in the notice, and you are deemed to be aware of and bound by any changes upon publication of the notice.

2.          USE OF THE PLATFORM AND/OR SERVICES

2.1       The Platform functions as an online platform for you or any entity on whose behalf you use the Platform (“Partners”) to market, promote and/or advertise the Partner’s business and/or services. If you access or use the Platform and/or Services on behalf of another party, you represent and warrant to us that you are authorised to act for and on behalf of the other party including accepting this Terms of Service. It is the respective Partner’s responsibility to ensure that each of their advertisements, content and materials comply with all applicable laws and regulations and these Terms of Service.

2.2       Each Partner shall be solely responsible for ensuring that they comply with all legislative requirements and have obtained all the necessary licences, permits, qualifications and/or approvals to carry out the business, services and/or transactions they have advertised and/or displayed on the Platform.

2.3       Each Partner agrees to use the Platform for lawful purposes only.  

2.4       You shall be required to register a user account on the Platform in order to access and/or utilise the Services. To register a user account, you shall complete your registration details in the manner described in the Platform. You agree to ensure that the registration details provided are true, accurate, current and complete at all times. In the event that there are any changes to your information, you are obligated to update and notify us of such changes within seven (7) days from the date of the change. We will review your information annually and may conduct spot checks from time to time at our absolute discretion. We reserve the right to immediately terminate your user account if you breach any of the Terms of Service. In such instance, you shall then not be able to use the Platform with immediate effect.

2.5       Every user of the Platform is solely responsible for keeping passwords, email addresses and other account identifiers safe and secure. The user account owner is entirely responsible for all activities that occur under such user account, including but not limited to maintaining the confidentiality of the user account. Wing Heng shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section. In the event of any unauthorised use of your password or user account, you must notify us immediately.

2.6       Use of the Platform and/or Services may require compatible hardware, internet and/or mobile access, certain software, and may require obtaining updates or upgrades from time to time. Your ability to use the Platform and/or Services may be affected by these factors. High-speed internet and/or mobile internet access is strongly recommended to access the Platform and/or use our Services. You acknowledge and agree that it is your responsibility to comply with the system requirements for the Platform and/or Services, which may be changed from time to time.

2.7       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 using any of the Services.

2.8       Content provided on our Platform is solely for informational and display purposes. Representations, content and advertisements on our Platform are those of the Partners who are responsible for those services. Each Partner shall be solely responsible for ensuring that any information, pictures and/or content they display on the Platform is true, accurate, current, complete and compliant with applicable laws and regulations. Wing Heng shall not be responsible for any content displayed by a Partner on the Platform which is misleading, outdated, incomplete and/or illegal.

2.9       We reserve the right, but shall not be obliged to:

(a)        monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services;

(b)        in our sole and absolute discretion, investigate any violation of these Terms of Service contained herein and may take any action we deem appropriate;

(c)        prevent or restrict access of any unauthorised user to the Platform and/or the Services;

(d)        report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(e)        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 Section 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.          PAYMENTS AND FEES

3.1       Each Partner is required to pay a registration/setup fee to Wing Heng for accessing and/or utilising the Services. The specific amount of such registration/setup fee varies and depends on the nature of the Partner’s business. An invoice will be issued to you by Wing Heng outside of the Platform.

3.2       To access or utilise the Platform or certain Services such as website construction, online store decoration, advertisement and promotion features (“Paid Services”), the Partner is required to pay a fee. The Partner can procure the Paid Services based on the Partner’s specific requirements. The fees and charges for the Paid Services are detailed in a quotation issued to you by Wing Heng outside the Platform. An invoice will be issued to you by Wing Heng for payment.

3.3       All payments shall be made by the Partners to Wing Heng before accessing and/or utilising the Services and/or Paid Services via the online payment method(s) available on the Platform or through online bank transfer. You agree to pay all applicable fees and charges for the Services and/or Paid Services as well as any processing and transaction services fees which may be imposed by the third party payment service provider. Such processing and transaction services fees maybe be fixed or are dependent on the amount being transacted and the currency. You also agree to pay any and all applicable taxes, government charges and foreign exchange fees.

3.4       We are not directly involved in the payment processing available on the Platform; this service is provided by a third party payment service provider. By making an online payment, you agree to accept and be bound by all the terms and conditions of the third party payment service provider.

4.          INDEMNIFICATION; LIMITATION OF LIABILITY

4.1       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 representations, warranties or guarantees made by Wing Heng of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, representations, warranties  or guarantees of non-infringement of third party rights, title, timeliness, availability, accuracy, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform is provided for informational purposes only. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted on the Platform. You should make your own inquires and seek independent advice from the relevant industry professionals before acting and relying on any information or material which is made available to you in the Platform or the Services.

4.2       Without limiting the foregoing, Wing Heng 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, worms, software locks, trojan-horses or any other malicious or harmful codes, instructions, programs or components.

4.3       The Platform may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with those other websites. Those links to other websites in the Platform should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

4.4       Wing Heng 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 the use of the Platform.

4.5       Wing Heng shall be under no liability whatsoever in respect of any business losses, including loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill arising directly or indirectly in connection with the use of the Platform and/or Services, or a transaction with a customer.

4.6       Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services, as well as from a transaction with a customer, is entirely at your own risk and Wing Heng shall not be held liable.

4.7       You will defend, indemnify and hold harmless, and at Wing Heng's option defend proceedings and claim made by customers and/or third party against Wing Heng arising out of any breach of undertaking, representations, warranties and obligations of the Partner or any negligence, liability or fault caused by the Partner. To the extent permitted by the law, Wing Heng is entitled to seek remedies or recover any claims, damages, costs and expenses or reimbursement from the relevant Partner in the event such claims, damages, costs and expenses or reimbursement are not covered by insurance.

4.8       If at any time Wing Heng reasonably determines that any proceedings or claim might materially cause adverse impact or disrupt the businesses of Wing Heng, Wing Heng may (but not obliged to) defend the proceedings and/or claim and seek indemnification, compensation or reimbursement of costs and expense against the relevant Partner.

4.9       Wing Heng accepts no liability for any failure to comply with these Terms of Service where such failure is due to circumstances beyond our reasonable control.

5.          REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

5.1       By accessing the Platform and/or using the Services, you represent, warrant and/or undertake that:

(a)        You or your representative/agent entering these Terms of Service on your behalf have legal capacity to agree to these Terms of Service and are at least eighteen (18) years old. By consenting to these Terms of Service, you are agreeing to take responsibility for: (i) your actions in your use of the Platform; (ii) any charges associated with your use of the Platform or any Services; and (iii) your compliance with these Terms of Service. If you are below 18 years old, you must stop using the Platform.

(b)        If a representative or agent is entering these Terms of Service on your behalf, you certify that such representative or agent has the legal right and authority to agree to and legally bind you to these Terms of Service.

(c)        All the information which you provide to us shall be true, accurate, current and complete at all times. In the event that there are any changes to such information, you undertake to update and notify us of such changes within seven (7) days from the date of any change.

(d)        You will only use the Platform and Services for their intended and lawful purposes.

(e)        You will keep your account password or any identification we provide you which allows access to the Platform or Services secure and confidential.

(f)         You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

(g)        You will not try to interrupt, disrupt or sabotage the Platform in any way.

(h)        You will not attempt to commercially exploit any part of the Platform and/or Services without our permission, including without limitation modify any of the Platform’s and/or Services’ content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission.

(i)         You will not authorise others to use your identity or user status, and you will not assign or otherwise transfer your user account to any other person or entity without our prior written consent.

(j)         You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require.

(k)        You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes.

(l)         You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards Wing Heng, other Partners, customers or any third party.

(m)      When using any of the Services, you agree to comply with all laws applicable to you and/or your use of the Service.

(n)        You will not copy, or distribute the software or other Intellectual Property (as defined below) associated with the Platform or other content in the Platform without written permission from Wing Heng.

(o)        All applicable payment methods associated with your user account or your use of the Platform and/or Services, including but not limited to credit card, debit card, bank, e-wallet, and auto-debit accounts shall be validly authorised for such use by you and/or your authorised representative under all applicable laws.

(p)        You will only access the Platform through an access point or data account which you are authorised to use.

(q)        You agree to assist Wing Heng with any internal or external investigations as may be required in order to comply with any prevailing laws or regulations in place.

(r)         You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Wing Heng or any other party as a result of your breach of these Terms of Service.

(s)        You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Wing Heng or to disrupt the natural functions of the Platform and/or Services.

(t)         All information, pictures and/or content which you have advertised, published and/or displayed on the Platform is true, accurate, current, complete and compliant with applicable laws and regulations.

6.          INSURANCE

6.1       Each Partner warrants that it has, at its own costs and expenses, obtained or will obtain adequate insurance to cover against any liability related to the services and/or transaction with customers.

7.          INTELLECTUAL PROPERTY RIGHTS

7.1       All intellectual property of the content on the Platform, the Platform design, including, but not limited to, text, graphics, trademarks, logos, service marks, software, photos, videos, 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 Intellectual Property or where applicable, the property of our affiliates or third-party licensors.

7.2       No part or parts of the Platform may be used, 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 without our prior written permission or that of the relevant licensors. You agree that you are only obtaining a limited license to use and access our Platform and Services as expressly set forth in these Terms of Service and that no ownership rights are being conveyed to you.

8.          DISPUTES BETWEEN PARTNERS AND CUSTOMERS

8.1       Your interactions and communications on or through our Platform, including payment of and performance of any transactions with a customer, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and the relevant customer. You should take reasonable precautions and conduct any necessary investigation or inquiries you shall deem necessary or appropriate before proceeding to transact with the customer for any purpose whatsoever.

8.2       The Platform only provides and acts as an online platform for information release and display. Wing Heng is not involved in the actual transaction between the Partner and a customer. The terms of a transaction between a Partner and a customer shall be governed by a separate contract (whether verbally, in writing or by conduct) to be negotiated and executed between the relevant Partner and the relevant customer, to which Wing Heng is and will not be a party to. In deciding whether to enter into a transaction with a customer is the Partner’s personal decision, for which the Partner alone is responsible. You accept that Wing Heng does not and cannot make representations as to the suitability of any customer.

8.3       In the event of any dispute between a Partner and a customer, such dispute shall be resolved between the Partner and such customer. Wing Heng shall not be a party to disputes or negotiations between the Partner and such customer nor shall Wing Heng have any responsibility, liability or obligation in relation thereto.

9.          TERMINATION

9.1       In the event that you are found to have in breach of any of the provision of these Terms of Service or any applicable laws and regulations or that the Partner has ceased to carry on business, Wing Heng may, at its sole discretion, immediately and without prior notice suspend or terminate your user account on the Platform, deny your access to all or any part of the Platform and/or the Services and/or terminate your usage of the Services.

9.2       Wing Heng may terminate the Terms of Service without cause by providing seven (7) days’ prior written notice to the Partner.

9.3       Any termination shall not affect your obligations (including without limitation, payment obligations) arising before the date of termination.

9.4       You further agree that Wing Heng shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Wing Heng in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

10.       PRIVACY

10.1    Each Partner must observe and comply with all applicable laws and regulations relating to the use of personal data obtained through the use of the Platform and/or in connection with the performance of the Services. Each Partner must ensure that reasonable safeguards and security measures are taken in maintaining the security and integrity of the personal data.

10.2    Each Partner undertakes to comply with the terms of Wing Heng’s Privacy Policy. For further details of our privacy and personal data protection practices, please refer to our Privacy Policy.

11.       INVALIDITY AND SEVERABILITY

11.1    If any provision of these Terms of Service shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Terms of Service and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The Parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves, to the greatest extent possible, the economic, legal and commercial objectives of the invalid or unenforceable provision.

12.       GOVERNING LAW AND DISPUTE RESOLUTION

12.1    These Terms of Service shall be governed by, and shall be construed in accordance with the laws of Malaysia, without regard to the conflict of laws principles. Any dispute, controversy or claim arising out of or relating to these Terms of Service shall be resolved in the Courts of Malaysia.