Introduction

QM Innovations Sdn Bhd, a Malaysia based company (“we”), provides users an application known as MyQM which can be accessed through social media platform such as “App Store, Google Play, Huawei App Gallery ” and messenger application system such as “WhatsApp” and “Telegram”, that allows users to access multiple agency services. By using the MyQM, you agree to be bound by the Terms of Use (the “Terms of Use”).

The Terms of Use are a legal agreement between you and MyQM and apply to you when you use the MyQM. You are responsible for reviewing any applicable changes. Please read them carefully. The Terms of Use and the MyQM Privacy Policy, incorporated herein by reference, govern your access to and use of the MyQM.

If you wish to become a user, please read the Terms of Use and indicate your acceptance by following the instructions in the Registration process.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING THE “Sign Up” BUTTON OR BY USING THE MYQM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHALL NOT ACCESS OR USE THE MyQM AND DELETE YOUR PROFILES. 

1.0 Basic Principles.

Please read all of the Terms of Use carefully. Without limiting any term of the Terms of Use, the following are a few basic principles that apply to your use of the MyQM:

• You must be eighteen (18) years or older to register and use the MyQM. You cannot enter into the Agreement if you are below eighteen (18) years old;
• If your MyQM’s account is terminated for any reason, you may not create another MyQM’s account without our express prior written permission to do so.

2.0 Account Registration and Eligibility.

2.1 Residence; Age Requirement; Authority.

In order to use MyQM, you must be in a country in which we are legally authorized to operate the MyQM and be at least 18 years of age.

You represent that:

(i) you have read and understood, and that you agree to be bound by, this Agreement, and

(ii) you are at least 18 years old.

If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not check the acceptance box and do not attempt to access any of the MyQM.

2.2 User Registration.

To use any aspect of the MyQM and become a “User”, you must register through the MyQM, and provide certain information including your name. To use additional features, you will need to provide additional information, including but not limited to, your email address, phone number, etc.

All of the registration information you provide to MyQM is referred to as your “Account Information”. You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. MyQM will use your Account Information in accordance with its privacy policy. When registering on the MyQM will document your mobile device using an identifier (“User ID”) assigned by MyQM. This is a number different from your unique user identification (such as “UDID”) or phone number. Your User ID will be used to provide you with access to your content while using MyQM through a web browser as well.

By providing the MyQM with access with the relevant information, you consent to MyQM to send you MyQM’s related notices on your messenger app through push notification, including among other things notices required by law, in lieu of postal mail. You may not opt out of MyQM’s related message sent through the MyQM. We may also use the MyQM to send you other messages, including information about the MyQM and special offers. To end notification and messaging to you through the MyQM, you must inform MyQM of your intention.

2.3 Connectivity

You will be responsible for providing the mobile device, network connection, and any other hardware and software necessary to use the MyQM.

2.4 Account Confidentiality.

You agree that you will not allow others to use any aspect of your Account Information. You are responsible for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. MyQM will not be responsible for any losses arising out of the unauthorized use of any of your Account Information and/or account and you agree to indemnify and hold harmless MyQM, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

2.5 Security.

To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, MyQM uses appropriate physical, technical and administrative procedures to safeguard the information we collect.

 

3.0 Fees.

MyQM Fees.

You acknowledge that we reserve the right to charge a fee for any portion of the MyQM. We will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the MyQM after a fee has been imposed or increased, you are expressly agreeing to the fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription or use of the MyQM. If we suspens or terminates your account and/or access to the MyQM because you have breached the Terms of Use or violated applicable law, you will not be entitled to a refund of any unused portion of such fees or other payments.

 

4.0 Your Content.

When you submit, upload, transmit or display any data, information, media, documents or other content in connection with your use of our MyQM (“Your Content”), you understand and agree that:

• you will continue to own and be responsible for Your Content;
• MyQM will not sell Your Content to any third party;
• our use of Your Content will be subject to the MyQM Privacy Policy;
• you are giving MyQM the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve the MyQM, including new services that MyQM may provide in the future;
• in using Your Content for these purposes, MyQM may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future, provided that they are incorporated into our MyQM which you use; and
• MyQM may share Your Content with third parties that MyQM works with to help provide, promote, develop and improve our MyQM, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to our MyQM).

5.0 Modification.

We reserve the right, at its sole discretion, to modify, discontinue or terminate the MyQM at any time without prior notice. MyQM reserves the right, at its sole discretion, to modify the Terms of Use, at any time and without prior notice. If we modify the Terms of Use, we will post the modification on the MyQM’s platform or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” in the Terms of Use. By continuing to access or use the MyQM after we have posted a modification to the Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the Terms of Use, whether modified or not, are not acceptable to you, you must cease accessing and using the MyQM.

 

6.0 License to the MyQM.

6.1 License Grant.

We grants to you a limited, non-exclusive, non-transferable license to access and use the MyQM in legally authorized jurisdictions for personal non-commercial purposes only. If you subscribe to the MyQM, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a User. Any violation by you of the license provisions contained in this Section 6.1 may result in the immediate termination of your right to use the MyQM. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE MYQM NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

6.2 Updates.

We may from time to time make available to all users of the MyQM, updates at no cost or subject to additional fees in MyQM sole discretion. “Updates” means any updates, upgrades or error corrections to the MyQM that we make available generally to users of the MyQM. Notwithstanding anything else contained in this Agreement, we will have no obligation to continue producing or releasing new versions of the MyQM or any updates thereto.

 

7.0 General Prohibitions.

You agree not to do any of the following while using the MyQM:

• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:          (i) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  (ii) is fraudulent, false, misleading or deceptive;
  (iii) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  (iv) is defamatory, obscene, pornographic, vulgar or offensive;
  (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or
  (vii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
• Bully, intimidate, or harass any User;
• Use the MyQM in a manner inconsistent with any and all applicable laws and regulations;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Sell or otherwise transfer your profile;
• Use your Account to do anything unlawful, misleading, malicious, or discriminatory;
• Do anything that could disable, overburden, or impair the proper working or appearance of MyQM, such as a denial-of-service attack or interference with page rendering or other MyQM functionality;
• Use the MyQM to reproduce copyrighted materials;
• Use the MyQM for the benefit of any third party or in any manner not permitted by the Terms of Use;
• Collect or store any personally identifiable information from the Site or MyQM from other users of the Site or MyQM without their express permission;
• Make the MyQM available over a network where it could be used by others;
• Provide your Account Information, including your password, to any other person;
• Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the MyQM or any portion of them, except as expressly allowed under applicable law;
• Circumvent any technology used by us or its licensors to protect communications via the MyQM;
• Rent, lease or sublicense any of the MyQM;
• Use the MyQM in any way that violates the terms of this Agreement or other our policies; or
• Encourage or enable any other individual to do any of the foregoing.

We will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and MyQM security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that we has no obligation to monitor your access to or use of the MyQM or to review or edit any content, but has the right to do so for the purpose of operating the MyQM, to ensure your compliance with the Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserves the right, at any time and without prior notice, to remove or disable access to any content and any User, that we, in its sole discretion, considers to be in violation of the Terms of Use or otherwise harmful to the MyQM.

 

8.0 Ownership
The MyQM is protected by copyright, trademark, and other laws of Malaysia and foreign countries. Except as expressly provided in the Terms of Use, MyQM and its licensors exclusively own all right, title and interest in and to the MyQM, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MyQM.

8.1 Copyrights.

As between you and us, you acknowledge that we own or has a license to all title and copyrights in and to the MyQM. All title and intellectual property rights in and to the licensed content in the MyQM is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

8.2 MyQM Trademarks and Third-Party Trademarks.

The following are registered trademarks or trademarks of MyQM, and its design logo, as well as certain other MyQM trademarks, service marks, graphics, and logos (collectively, the “MyQM Trademarks”) used in connection with the MyQM. The MyQM may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Trademarks or the trademarks of any third party.

 

9.0 Privacy Policy

It is important that you read and understand the terms of MyQM’s Privacy Policy. MyQM may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the MyQM.

 

10.0 Security.

The MyQM may use technology to protect the digital information shared through the MyQM from unauthorized use for several features, including, but not limited to, the Chat function. Your use of the MyQM may be limited by such technology. Further, you acknowledge that such security features may not be impermeable. You acknowledge that, from time to time, MyQM may modify or discontinue using such technology. Security modifications made by MyQM may from time to time include required updates to the MyQM. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

 

11.0 Termination.

Without limiting other remedies, MyQM may at any time suspend, terminate, or refuse to provide you with access to the MyQM. If MyQM terminates, disables or suspends your access to the MyQM for any reason your will not create another MyQM account without first receiving MyQM s express written permission to do so.

MyQM may notify authorities or take any actions it deems appropriate, without notice to you, if MyQM suspects or determines, in its own discretion, that you may have or there is a significant risk that you have

(i) failed to comply with any provision of the Terms of Use or any policies or rules established by MyQM; or

(ii) engaged in actions relating to or in the course of using the MyQM that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, MyQM, any other third-parties, or the MyQM.

Without limiting any other terms of the Terms of Use, you may stop using the MyQM and delete your Account Information at any time by uninstalling the from your mobile device and not accessing your account through a web browser.

After any termination, you understand and acknowledge that we will have no further obligation to provide the MyQM. Furthermore, all licenses and other rights granted to you by the Terms of Use will immediately cease. MyQM will not be liable to you or any third-party for termination of the MyQM or termination of your use of either. Upon any termination or suspension, any content, materials or information that you have submitted via the MyQM will no longer be accessible by you via the MyQM thereafter.

Any suspension, termination or cancellation will not affect your obligations to MyQM under the Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. 

 

12.0 Links to Third Party Websites and Services.

The MyQM, and communications sent through the MyQM, may contain links to or information regarding third-party websites or resources, you acknowledge and agree that MyQM is not responsible or liable for:

(i) the availability or accuracy of such websites or resources; or

(ii) the content, products, or services on or available from such websites or resources.

You acknowledge that you are subject to the terms and conditions of such Third-Party resources when you use their services enabled or accessible through the MyQM. Further, links to such websites or resources do not imply any endorsement by MyQM of such websites or resources or the content, products, or services available from such websites or resources.

You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your dealings with, or participation in promotions of any third-party advertisers via the MyQM are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that MyQM is 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 the presence of such third parties (Seller) via the MyQM.

 

13.0 Special Notice for International Use; Export Controls.

You agree to comply fully with all Malaysian and foreign export laws and regulations to ensure that neither the MyQM nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that:

(i) you are not located in a country that is subject to a Malaysian Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties

 

14.0 General Practices Regarding Use and Storage.

You acknowledge that MyQM may establish general practices and usage limits on the MyQM. This may include the length of time we store your data. You agree that MyQM is not responsible or liable for the deletion or failure to store any data or other content maintained by the MyQM. You further acknowledge that we may change these general practices and limits at any time without notice.

 

15.0 Disclaimers.

EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:

The MyQM (including any software contained therein) and any upgrades or plug-ins are licensed to you “as is.” Any use of the MyQM will be at your own risk. To the maximum extent permitted by applicable law, MyQM disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. MyQM makes no representations or guarantees that the MyQM will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and MyQM disclaims any liability relating thereto.

MyQM makes no guarantees, representations, or warranties that use or results of the use of the MyQM will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, MyQM may modify, suspend, or discontinue the MyQM (including any content) or your use of them. Whenever MyQM elects to modify, suspend, or discontinue the MyQM, it will not be liable to you or any third party.

You acknowledge that your submission of any information to us is at your own risk. MyQM does not assume any liability to you with regard to any loss or liability relating to such information in any way. Some of the content, products, and MyQM available through the MyQM may include materials that belong to third parties. You acknowledge that MyQM assumes no responsibility for such content, products or MyQM. No advice or information, whether oral or written, obtained from MyQM or through the MyQM will create any warranty not expressly made herein.

MyQM is not responsible for any incorrect or inaccurate content exchanged through the MyQM. MyQM is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any MyQM or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the MyQM. Under no circumstances shall MyQM be responsible for any loss or damage, including personal injury or death, resulting from use of the MyQM or from any content therein, whether online or offline.

 

16.0 Limitation of Liability.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the MyQM and any content therein remains with you. Neither MyQM nor any other party involved in creating, producing, or delivering the MyQM will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or MyQM, arising out of or in connection with these terms of use or from the use of or inability to use the MyQM or content therein, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not MyQM has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that MyQM is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

 

17.0 Indemnity. 

You will indemnify and hold MyQM, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use of the MyQM.

 

18.0 General

18.1 Entire Agreement.

The Terms of Use (including the Privacy Policy) constitutes the entire and exclusive understanding and agreement between MyQM and you regarding the MyQM, and the Terms of Use supersede and replace any and all prior oral or written understandings or agreements between MyQM and you regarding the MyQM.

18.2 Assignment.

You may not assign or transfer the Terms of Use, by operation of law or otherwise, without MyQM’s prior written consent. Any attempt by you to assign or transfer the Terms of Use, without such consent, will be null and of no effect. MyQM may freely assign the Terms of Use. Subject to the foregoing, the Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

18.3 Notices.

You consent to the use of: (i) electronic means to complete the Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to the Terms of Use or your use of the MyQM. Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms of Use, will be in writing and given by posting to the MyQM.

18.4 Controlling Law and Jurisdiction.

This Agreement will be governed by the laws of the Malaysia, without regard to conflicts of law’s provisions thereof. Except as expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with MyQM or relating in any way to your use of the MyQM will be in the state and federal courts of Malaysia and the venue for the adjudication or disposition of any such claim, action or dispute will be in the Asian International Arbitration Centre (Malaysia) (“AIAC”) in Kuala Lumpur.

18.5 Waiver.

The failure of MyQM to enforce any right or provision of the Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MyQM. Except as expressly set forth in the Terms of Use, the exercise by either party of any of its remedies under the Terms of Use will be without prejudice to its other remedies under the Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms of Use will remain in full force and effect.

 

18.0 Contacting MyQM.

If you have any questions about the Terms of Use, please contact MyQM at info@myqm2u.com.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.