Terms Of Service
These Terms of Service ("Terms") apply to the “CHEQ” application (“App”) which is powered by Fusionex and govern the rights and obligations regarding your access to and use of the services available via the App (“Services”).
These Terms constitute a fully binding agreement between you, as user of the Services and us, as the provider the Services. Your access to and use of the Services requires your compliance with these Terms and we recommend you read the same.
By using the Services in any manner you agree to be bound by these Terms and any and all other rules, policies and procedures that we may publish from time to time in relation to the Services.
If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Services.
Subject to your compliance with the Terms, we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable license to use the Services for non-commercial purposes.
You may not, without our prior written consent (i) offer to rent or lease of resell the Services; or (ii) offer the Services to third parties as a part of a service you own; (iii) use the Services in any unlawful manner, (iv) use the Services in any manner inconsistent with these Terms; (iv) violate any third party or other user's right to privacy or other rights; or (v) to gather or collect personal information through any means. The examples set out in (i) through (v), above are listed purely for illustrative purposes and do not constituted an exhaustive list of restricted activities involving the Services.
Signing Up For The Services
By signing up to use the Services you represent and warrant that you will provide us with accurate and complete sign up information and further warrant to keep such information up to date and accurate. Any failure to do so on your part shall constitute a breach of the Terms which may result in us terminating your access to the Services.
As an individual signing up for the Services, you represent and warrant that you are of legal age to form a binding contract with us. If you sign up for the Services for and on behalf of an entity then you represent and undertake that you are authorised by that entity to (i) enter into and bind the entity to these Terms; and (ii) sign up for the Services.
By signing up for the Services, you shall be solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulation applicable to you in whichever country, region or state you are located. In the event the Services or these Terms are prohibited where you are located, then you agree not to use the Services in any manner whatsoever.
We reserve the right to update, amend or modify, in any manner, any of these Terms from time to time, without notice to you in accordance with the terms set herein.
The Services may contain content provided by us or our partners (“Our Content”) which is protected by copyrights, trademarks, marks, patents, trade secrets or other proprietary rights and laws, as applicable. You undertake to comply with and maintain all copyright notices, information, and restrictions contained in any such content accessed through the Services.
All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order pursuant to the Services upon these Terms. All orders shall be subject to acceptance by CHEQ. Processing of payment for an order shall not in itself constitute acceptance of the order by CHEQ, CHEQ reserves the right to reject or cancel an order for any product(s), Any payment made for such order may be rejected, cancelled and/or refunded by CHEQ in accordance with the prevailing refund policy at such time.
All orders made by you are subject to stock availability. CHEQ reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason. CHEQ reserves the right to limit your order or the quantity of a particular product you may order.
As part of our Services, you will be able to make purchases of offers and promotions based on the prices and terms set out against the corresponding offer or promotion.
We will, when you make a purchase, process your payment or retain your credit card number and charge your card immediately for such purchase and notify you of the purchase. We may also retain your credit card information for future payments you may make for our Services.
In order to be able to make purchases via our Services, you must provide us with a current, valid and accepted payment mode (“Payment Mode”) to use the Services. We will not process orders that utilise or attempt to utilise an invalid, expired, rejected, over-charged or over-charged credit card.
In the event you wish to edit your Payment Mode, you may do so by changing the necessary settings as per instructions on the App. In the event any payment made by you is unsuccessful we are authorised by you to continue to bill you via the selected Payment Mode or through any other means we deem necessary. You continue to remain responsible for any unpaid or unsuccessful purchases until you edit your selected Payment Mode.
We utilise the services of third party payment service providers for the purposes of settlement of payments for the Services. We disclaim all liabilities in relation to or associated with the security of the Payment Mode you have selected. Any disputes regarding the Payment Mode selected vis-a-vis your bank, financial institution, credit/debit card issuer or other provider of your selected Payment Mode shall be settled between you and such parties.
All prices set out on the App shall be inclusive of taxes unless otherwise stated. You agree to bear any and all prevailing taxes, duties, charges, costs and/or fees that may be in force or which may be introduced in the future.
All purchases made via our Services are not refundable or creditable for partial use or partial redemption. In the event you have provided us with credible and verified documentary evidence that there has been an erroneous charge to you and that you did not make such purchase, please contact us at email@example.com.
All purchases made need to be verified prior to the delivery of the goods or services.
You may contact us via email at firstname.lastname@example.org on any app related services. You acknowledge that the contact information is available within the app and able view this information.
Your use of the Services is at your sole discretion and risk. We do not have any fiduciary duty or special relationship with you. We make no representations concerning any content contained in or accessed by you through the Services and we will not be responsible or liable for the accuracy of material contained in or accessed through the Services.
We will not be responsible for any harm to the device you use to access the Services including but not limited to your mobile device or computer, personal injury, death, loss of data, property damage, or other harm that results from your use of the Services.
The services are provided on an “as is”, “as available” basis without any representations and warranties of any kind whether express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
Limitation Of Liability
We, our directors, employees, agents, representatives, partners, suppliers or content providers howsoever expressly exclude to the fullest extent permitted by law, all liability arising for any loss suffered as a result of your use of the Services or any related content. Our total liability, if a court of competent jurisdiction determines that our liability (or that of our directors, employees, agents, representatives, partners, suppliers or content providers (as applicable)) has arisen, the total of such liability shall be limited in aggregate to RM100.
You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your breach of these Terms; (iii) any representations made by you during your use of the Services; or (iv) your violation of the rights of any party including but not limited to any intellectual property right, or publicity, confidentiality, property or privacy right.
These Terms shall be governed by the laws of Malaysia, without respect to its conflict of laws principles.
You may contact us by e-mail at email@example.com.