1.1 Welcome to the DOZO platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a DOZO account ("Account") so that you are aware of your legal rights and obligations with respect to Mobileone Technology Sdn Bhd. (Company Registration No. 201501009497 (1134832-W)), (individually and collectively, "DOZO", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by DOZO client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by DOZO.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the customer (“Customer”) and the merchant (“Merchant”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Customer and Merchant and DOZO is not a party to that or any other contract between Customer and Merchant and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. DOZO is not involved in the transaction between Users. DOZO may or may not pre-screen Users or the Content or information provided by Users. DOZO reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. DOZO cannot ensure that Users will actually complete a transaction.
1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy.
1.4 DOZO reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. DOZO may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. DOZO may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.5 DOZO reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.
BY USING DOZO SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2.1 Your privacy is very important to us at DOZO. To better protect your rights we have provided the DOZO’s Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how DOZO collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3.1 DOZO grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of DOZO and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with DOZO. You acknowledge that DOZO may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
4.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. DOZO reserves all rights to the software not expressly granted by DOZO hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by DOZO.
5.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that DOZO, in its sole discretion, finds offensive or inappropriate, DOZO has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. DOZO has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify DOZO of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. DOZO will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.3 You agree that DOZO may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that DOZO deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Merchant or related group of Merchants, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), or (h) behaviour that is harmful to other Users, third parties, or the business interests of DOZO. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, DOZO may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify DOZO in writing (including via email at sales@mobileone.com.my) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact DOZO after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. DOZO shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by DOZO.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
5.6 If you are a Merchant, you may be entitled to fully operate your Account(s). You acknowledge and agree that: (a) the purpose of the Account(s) are to enhance your management as a Merchant, and you shall not use the Account(s) for any other purposes (including, but not limited to, fraudulent or illegal activities); and you expressly acknowledge and agree that: (i) you are solely responsible for creating and configuring Account(s), and granting and controlling third party access to the Account(s); (ii) any third parties to whom you grant access to your Account(s) will have the ability to access and operate your Account(s); (iii) we shall be entitled to treat any actions of your Account; and (iv) you shall be responsible for all actions of the Account(s); and (d) DOZO reserves the right to amend or terminate the operation of the Account(s) and to close Account(s) at any time in its sole discretion.
6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, DOZO may affect such termination with or without notice to you.
6.2 You agree not to:
6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not DOZO, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will DOZO be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.
6.4 You acknowledge that DOZO and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, DOZO and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by DOZO or submitted to DOZO, including, without limitation, information in DOZO Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that DOZO may access, preserve and disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over DOZO or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of DOZO, its Users and/or the public.
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
7.2 If you believe a User on our Site is violating these Terms of Service, please contact sales@mobileone.com.my.
8.1 As stated above, DOZO does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).
8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with DOZO in any way and DOZO is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.
8.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by submitting the Intellectual Property Right (IPR) form and provide us the documents requested below to support your claim. Do allow us time to process the information provided. DOZO will respond to your complaint as soon as practicable.
8.4 Complaints under this Section 8 must be provided in the form prescribed by DOZO, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) a description of the nature of alleged infringement with sufficient details to enable DOZO to assess the complaint (d) URL(s) of the listing(s) which contain the alleged infringement; (e) sufficient information to allow DOZO to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (f) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint.
8.5 DOZO acknowledges a manufacturer’s right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the Merchants, DOZO does not assist in this type of enforcement activity and does not enforce exclusive distribution rights or price-control matters except within the countries that have laws specifically governing selective or exclusive distribution.
8.6 Each and every Merchant agrees to hold DOZO harmless from all claims, causes of action, damages and judgments arising out of any removal of any Content or product listings pursuant to or in relation to any intellectual property infringement claim.
9.1DOZO supports one or more of the following payment methods in each country it operates in:
9.2 Customer may only change their preferred mode of payment for their purchase prior to making payment.
9.3 DOZO takes no responsibility and assumes no liability for any loss or damages to Customer arising from shipping information and/or payment information entered by Customer or wrong remittance by Customer in connection with the payment for the items purchased. We reserve the right to check whether Customer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
10.1 Your Account will reflect the money you receive from your sales proceeds made on the Platform.
10.2 Money from your sale of items on DOZO shall be credited to your Merchant Account within three (3) days after the item is delivered to Customer or immediately after Customer has acknowledged that they have received the item.
10.3 If there is an error in the processing of any transaction, you will responsible to initiate debit or credit entries to your designated bank account, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If you are unable to debit from your designated bank account for any reason, you authorize us to resubmit the debit, plus any applicable fees, to any other bank account or payment instrument that you have on file with us or to deduct the debit and applicable fees from your Merchant Account in the future. If we are unable to credit your Alternative Account, for any reason, we reserve our right to handle or process such money in accordance with the applicable law, including lodging such money with the Registrar of Unclaimed Moneys (Jabatan Akauntan Negara Malaysia) (“Registrar”) in accordance with the requirements under the Malaysia Unclaimed Moneys Act. In such instance, you may recover your unclaimed money directly from the Registrar less any fees or charges that may be imposed, with no further recourse to us.
10.4 We have the right to limit, freeze or suspend your Merchant Account for any reason, including where you fail to repay outstanding amounts due to us by the due date.
10.5 If your Account has been terminated, deactivated or suspended in accordance with these Terms of Service, or your Account remains inactive (for such duration as DOZO may prescribe from time to time), we shall be entitled to charge a fee for the administration of any remaining in your Account. The amount and frequency of such fee shall be prescribed by DOZO from time to time.
11.1 DOZO will inform Merchant when DOZO receives Customer’s Purchase Monies. Unless otherwise agreed with DOZO, Merchant should then make the necessary arrangements to have the purchased item delivered to Customer and provide details such as the name of the delivery company, the tracking number, etc. to Customer through the Site.
11.2 Merchant must use his/her best effort to ensure that Customer receives the purchased items within the time period specified (for offline payment) by Merchant on Merchant’s listing.
11.3 Users understand that Merchant bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that DOZO will not be liable for any damage, expense, cost or fees resulted therefrom and Merchant and/or Customer will reach out to the logistic service provider to resolve such dispute.
11.4 For Cross-Border Transaction. Users understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Merchant based outside of Malaysia, and the importation and exportation of such product is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that DOZO cannot provide any legal advice in this regard and agree that DOZO shall not bear any risks or liabilities associated with the import and export of such products to Malaysia.
11.5 Where the Customer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Customer or Merchant in such proportions as may be determined by DOZO and published on the Site from time to time. Merchant shall (i) collect the Customer’s proportion of the Shipping Fee from the Customer, and (ii) pay the total Shipping Fee to the delivery company.
12.1 Customer may only cancel his/her order prior to the payment.
12.2 Customer may apply for the return of the purchased item and refund in accordance with Merchant’s Refunds and Return Policy. Please refer to Merchant’s Refunds and Return Policy for further information.
12.3 DOZO reserves no right to cancel any transaction on the DOZO e-shop site.
12.4 DOZO does not monitor the cancellation, return and refund process for offline payment.
13.1 Merchant shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Merchant’s listing and shall not post inaccurate or misleading information.
13.2 Merchant shall also ensure that the Merchant properly and correctly categorises each product that the Merchant intends to list on DOZO e-shop site. Merchant acknowledges and agrees to follow any updated guide thereafter. Merchant agrees that in the event a product is wrongly categorised, or in the event of any dispute over the categorisation of products, the Merchant agrees that DOZO has the final decision over the dispute.
13.3 The price of items for sale will be determined by the Merchant at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Customer such as sales tax, value-added tax, tariffs, etc. and Merchant shall not charge Customer such amount additionally and separately.
13.4 Merchant agrees that DOZO may at its discretion engage in promotional activities to induce transactions between Customer and Merchant by reducing, discounting or refunding fees, or in other ways. The final price that Customer will pay actually will be the price that such adjustment is applied to.
13.5 For the purpose of promoting the sales of the items listed by Merchant, DOZO may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by DOZO.
13.6 Merchant shall issue receipts, credit card slips or tax invoices to Customer on request.
13.7 Merchant acknowledges and agrees that Merchant will be responsible for paying all taxes, customs and duties for the item sold and DOZO cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Merchants are advised to seek professional advice if in doubt.
13.8 Merchant acknowledges and agrees that Merchant’s violation of any of DOZO’s policies will result in a range of actions as stated in Section 7.1.
14.1 DOZO charges a fee for all successful transactions completed on the Site, including any other program fees that may be charged by DOZO under any other program (“Transaction Fee”). The Transaction Fee charged for a successful transaction completed on the DOZO e-shop site is calculated at three percent (3%), rounded up to the nearest cent, in addition to any other program fees (where applicable).
14.2 For Merchants located outside of Malaysia, DOZO charges a fee for all successful transactions completed on the DOZO e-shop site (“Cross Border Fee”). The Cross Border Fee is borne by the Merchant, and is calculated according to the rates as notified to such Merchants from time to time on the Site.
14.3 The gross settlement price refers to the final product price after deducting Merchant vouchers and other Merchant promotions (e.g. Merchant free shipping, Merchant discounts, Customer-paid shipping fee). For the avoidance of doubt, the gross settlement price shall not be affected by DOZO vouchers and/or DOZO rebates.
14.4 The Transaction Fee is subject to SST (“Tax Amount”), and the Merchant is responsible for such Tax Amount.
14.5 Following the successful completion of a transaction, DOZO shall deduct the Transaction Fee and the Tax Amount, and the Cross Border Fee (as applicable), and remit the balance to the Merchant in accordance with Section 14.1. DOZO shall issue receipts or tax invoices for the Transaction Fee and Tax Amount paid by Merchant on request.
15.1 In the event a problem arises in a transaction, the Customer and Merchant agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which DOZO shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
15.2 Each Customer and Merchant covenants and agrees that it will not bring suit or otherwise assert any claim against DOZO (except where DOZO is the Merchant of the product that the claim relates to) in relation to any transaction made on the DOZO e-shop site or any dispute related to such transaction.
15.3 Users may send written request to DOZO to assist them in resolving issues which may arise from a transaction upon request. DOZO may, at its sole discretion and with absolutely no liability to Merchant and Customer, take all necessary steps to assist Users in resolving their dispute. For more information, please refer to DOZO’s Refunds and Return Policy.
15.4 To be clear, customer using the services provided and other payment means for his/her purchase should contact Merchant directly.
16.1 DOZO welcomes information and feedback from our Users which will enable DOZO to improve the quality of service provided. Please refer to our feedback procedure below for further information:
17.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY DOZO OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOZO DOES NOT WARRANT THAT THE SERVICES, THIS SITE 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 SITE 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.
17.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
17.3 DOZO HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF MERCHANTS TO SELL ITEMS OR OF CUSTOMERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE DOZO FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
18.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOZO BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
18.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
18.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, DOZO IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU; AND (B) RM 100 (ONE HUNDRED RINGGIT).
18.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY DOZO’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF DOZO THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
19.1 Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of DOZO in any manner whatsoever and you therefore access them at your own risk. DOZO is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. DOZO is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by DOZO of any linked site and/or any of its content therein.
20.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to DOZO. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant DOZO and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
20.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to DOZO by any means (each, a "Submission"), is not considered confidential by DOZO and may be disseminated or used by DOZO without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to DOZO, you acknowledge and agree that DOZO and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant DOZO and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.
21.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, DOZO is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold DOZO responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
21.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by DOZO. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. DOZO has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that DOZO shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that DOZO may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
22.1 You represent and warrant that:
23.1 If DOZO, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect DOZO, other Customers or Merchants, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
For the purposes of this Section:
"Chargeback" means a request that a Customer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
"Claim" means a challenge to a payment that a Customer or Merchant files directly with DOZO.
"Reversal" means the reversal of a payment by DOZO because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by DOZO, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other DOZO policy, or (e) DOZO decided a Claim against you.
24.1 You agree to indemnify, defend and hold harmless DOZO, and its shareholders, subsidiaries, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where DOZO is the Merchant in the transaction that the dispute relates to), (b) the hosting, operation, management and/or administration of the Services by or on behalf of DOZO, (c) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (d) your use or misuse of the Services, (e) your breach of any law or any rights of a third party, or (f) any Content uploaded by you.
25.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
26.1 These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to DOZO or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre (Malaysia) (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
27.1 DOZO reserves all rights not expressly granted herein.
27.2 DOZO may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an Account to you by DOZO) after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
27.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
27.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and DOZO, nor does it authorise you to incur any costs or liabilities on DOZO’s behalf.
27.5 The failure of DOZO at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
27.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for DOZO's subsidiaries (and each of DOZO's and its subsidiaries' respective successors and assigns).
27.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
27.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the Malaysian Anti-Corruption Commission Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
27.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contact us at: sales@mobileone.com.my
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.