These are site terms, relevant when browsing and using the service of leanX.io.This website (Site) is operated by Leanis Solutions Sdn Bhd (we, our or us).By accessing and/or registering leanx.io Account with us, you agree to these terms of use and our Privacy Policy (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

LEANX.IO SERVICES

LeanX is a payment gateway platform providing business owners and sellers with the tools to run businesses that can create and manage their online store and process orders and integrate with shipping providers.

DEFINITIONS

"Account Activity" refers to the actions you take when using leanx.io Services. This includes logging into the Platform and any movement of credits.

"Activation Fee" is a fee that may be deducted from your leanx.io Credit balance. This fee is for activating and renewing applicable payment methods or other leanx.io Services at your leanx.io Account, upon your request.

"Authorized Users" are verified users who have completed the leanx.io KYC process. These users are recorded by leanx.io as the owner, administrator, or viewer of a leanx.io Account.

"leanx.io" "we," "us," or "our," we are referring to Leanis Solutions Sdn Bhd (Registration No.: 200901028402) (871506-U).

"leanx.io Account" is an account that is registered under a Merchant and has been verified by leanx.io.

"leanx.io Credit" means an amount of credits in monetary value, allotted and matched the amount reloaded by you to your Credit Balance. leanx.io Credit shall be used for deduction against the FPX Transaction Fee incurred, Membership Fee, Payout API fee, SMS fee, Shopify Fee, and applicable Activation Fee.

“leanx.io Services” means all or any of our services including our publicly available application programming interfaces (APIs), billing, payment form, payout, split payment, and any other features, technologies, and/or functionalities as may be offered by us from time to time on our leanx.io Website or through any other means.

“leanx.io BPO Services” means our business process outsourcing (“BPO”) features that are available for, including but not limited to, collection, reconciliation, Payout, and payroll requirements under the Enterprise Membership.

“leanx.io Website” means www.leanx.io.com and its subdomains.

“Business Day” means any day (excluding Saturdays, Sundays, federal holidays, and special holidays where leanx.io declares its office closed) on which banks in Kuala Lumpur, Malaysia are open for business.

“Calendar Day” means any day shown on the calendar beginning at 00:00 and ending at 23:59, including Saturdays, Sundays, federal holidays, and special holidays.

“Confidential Information” means all information described under the Confidentiality section below and disclosed by either Party and generally not publicly known, whether tangible or intangible and in whatever form or medium provided, as well as any information generated by a Party that contains, reflects, or is derived from such information.

“Credit Balance” means an amount of credits in monetary value that is reloaded and stored within your leanx.io Account that shall be used to deduct fees required to use leanx.io Services.

“Credit Movement” means changes to your leanx.io Credit Balance by reloading, deduction, or transfer of your leanx.io Credit within three hundred and sixty-five (365) Calendar Days.

“Customer” means any purchaser that authorizes payment for your goods or services, or donation to/via your organization.

“EStore” means an online store from which your user may purchase products and services

“Financial Institution” means any organization licensed by Bank Negara Malaysia that is engaged by the relevant Party for the fulfilment of leanx.io Services.

“Financial Process Exchange” or “FPX” means an online payment gateway operated by Payments Network Malaysia Sdn Bhd that facilitates the interbank transfer of funds ie online banking.

“FPX Own ID Payment Method” means FPX transaction conducted via leanx.io with a configuration of your FPX Seller ID to your leanx.io Account subject to real-time payout to your bank account.

“FPX Seller ID” means a unique alphanumeric code assigned by FPX to identify the Merchant.

“FPX Seller Own Name” means a merchant registered with Payments Network Malaysia Sdn Bhd but utilising leanx.io’s FPX Seller ID to accept the online banking payment method.

“FPX Transactions” means the transactions conducted on FPX, which include internet banking via current, savings, or credit card accounts.

“FPX Transaction Fee” means the fee that is deductible by leanx.io from your leanx.io Credit balance for FPX Transactions arising from your usage of leanx.io Services.

“Information” means any leanx.io Account information that you provide to us, including but not limited to personal information, financial information, or other information related.

“Marks” means any trademarks and service marks (whether registered or not, or at common law), trade names, organization names, logos, symbols, and internet domain names.

“Membership Fee” means the membership fee that is deductible by leanx.io from your Credit Balance for your Membership subscription to utilize leanx.io Services.

“Subscription Period” means the period of the Memberships offered by leanx.io. The length of the period is subject to either the leanx.io pricing page or the Offer Letter.

“Membership” means the membership plan that is available on the Pricing page, that allows you to access leanx.io Services.

“Offer Letter” means a written offer by leanx.io regarding Merchants’ subscription of the Enterprise Membership either in its entirety or in part.

“Party” means either leanx.io or Merchant and “Parties” means leanx.io and Merchant collectively.

“Payment Method” means any type of payment method that is available to you within leanx.io Services from time to time (subject to Financial Institutions). Please refer to Membership section at (f).

"Payout" means the feature for you to disburse an amount to one or multiple bank accounts via API instruction in real-time.

“Transaction Pool” means the amount reloaded into your account for any collections-related transaction services.

“Prefund Pool” means the amount reloaded into your leanx.io Account for any Payoutr API execution.

“Threshold Amount” means the fees that will be deducted from your transaction or prefund pool if there is an insufficient fund available in the Credit Balance.

“Platform” means leanx.io’s proprietary platform (whether in staging or production environment), system, and/or other application platforms.

“Product Disclosure Sheet” means a documented full disclosure of the scope of the Enterprise Membership.

“Self-Reload” means the feature that allows you to reload an amount to your leanx.io Credit Balance.

“Service Fee” means the fee chargeable to you by any Financial Institutions for applicable transactions including but not limited to, merchant discount rate (MDR), that arise from your usage of leanx.io Services. The Service Fee shall be deducted by the Financial Institutions from your respective payment method’s total payout based on the Financial Institutions’ payout schedule.

“Merchant“ or “you“ means an organization using leanx.io Services that is verified by leanx.io.

CONSENT

We reserve the right to make changes to this User Agreement as we see fit, including terms and conditions. These changes will be effective immediately upon being published on the leanx.io Website, and by continuing to use your leanx.io Account and/or leanx.io Services, you are agreeing to these updated terms. It is your responsibility to regularly check for any updates or amendments.

Please note that leanx.io is not a Financial Institution and has no control over the uptime and availability of these institutions in regard to fulfilling leanx.io Services or processing payouts.

By accepting this User Agreement, you also agree with our appointment of any Financial Institutions to handle payout processes according to the terms outlined here. Our designated Financial Institution will maintain a clearing account for payouts, which may be changed at our discretion. Your continued use of leanx.io Account and/or leanx.io Services implies your consent and agreement to these additions, removals, and changes.

We reserve the right to change our Memberships periodically. Such change may or may not affect the plan you have subscribed for. We aim to provide reasonable notice to you if we are of the view that you are affected by the change. Changes shall become effective immediately upon notification by us to you via your registered login email or such other date as may be determined by leanx.io. Your continued use of leanx.io Account shall constitute your acceptance of the latest Membership changes.

MEMBERSHIP

1. Signing up

In order to create a leanx.io Account, users must provide the necessary information such as your organization's name, authorized user and organization email addresses, phone number, bank account details, the nature of your business or activities, and any other required information. Your account will only be accessible once leanx.io has reviewed and approved the submitted information. Additionally, leanx.io may share this information with relevant financial institutions for verification purposes.

Please note that only registered organizations in Malaysia, including those registered with the Companies Commission of Malaysia or Registrar of Societies, as well as government entities possessing a Malaysian corporate banking account are eligible to register for a leanx.io Account and utilize its services. Individuals who are not at least 18 years old are not permitted to use leanx.io Services.

It is important to refrain from registering for a new leanx.io Account on behalf of a previously suspended or terminated user. Similarly, if your previous leanx.io Account has been suspended or terminated, you should not attempt to register for another one.

Your leanx.io Account will be converted into a dormant account 365 calendar days after the last Account Activity is recorded.

Please note that you are not permitted to register for a leanx.io Account on behalf of a user who has previously been suspended or terminated by leanx.io. Additionally, if your previous leanx.io Account has been suspended or terminated, you are also prohibited from registering for another leanx.io Account.

2. Nature of Business

You shall only use leanx.io Services for the nature of business you have provided to us. In the event you intend to use leanx.io Services for any other types of business or transaction, or if you have changed your nature of business, you shall inform us in writing and obtain our consent prior to using leanx.io Services for such nature of business or transactions.

Restricted nature of business categories may be imposed through card network rules, requirements of our Financial Institution partners, or due to compliance and legal obligations. Please refer to our Appendix of Regulated and Prohibited Nature of Business.

3. Memberships

Each Membership plan is subject to its Membership, FPX Transaction and Services Fees that are specified on the Pricing page . The available Memberships on leanx.io are as follows:

i. Basic Membership (default)

ii. Standard Membership

iii. Enterprise Membership

Upon successful verification and registration, your leanx.io Account shall automatically be on Basic Membership. Basic Membership provides the Default Payment Method, which is the FPX Shared ID Payment Method. Please refer to item a. above.

You may choose to continue with the Basic Membership or upgrade your membership by subscribing to either Standard or Enterprise Memberships.

As the default membership, Basic Membership does not require you to subscribe to it and it lasts up until you decide to subscribe to Standard or Enterprise Membership, or close your leanx.io Account. It also serves as a fallback in case your Standard or Enterprise Membership subscription has lapsed

4. Subscription Period

Whereas Basic Membership lasts ‘forever’, Standard Membership has a subscription period, which lasts for three hundred and sixty-five (365) Calendar Days. For example, if a Merchant subscribes to the Standard Membership on 1 April 2022, the subscription period for the Membership is active until 31 March 2023.

If you activate Auto-Renew for your Standard Membership, you agree that at the expiry of the subscription period (and of each renewal period thereafter), your membership subscription shall automatically renew for the same subscription period. The fee to be deducted shall reflect on your leanx.io Credit Balance. For Enterprise Membership, the subscription period is subject to the Offer Letter.

If you have not selected Auto-Renew for your Standard Membership, or your Enterprise Membership expires and you opt not to renew the Membership, then leanx.io shall automatically downgrade your Membership to Basic Membership after the expiry of the subscription period. Where there is an automatic downgrade to the Basic Membership, your leanx.io Services shall be governed by Basic Membership’s features and its fees.

If you have selected Auto-Renew for your Standard Membership, but your last transaction appearing in your leanx.io Account is more than thirty (30) Calendar Days before the expiry date of your Standard Membership, leanx.io shall automatically downgrade your Membership to Basic Membership after the expiry of your Standard Membership.

When you subscribe to Standard or Enterprise Membership, you are purchasing the Membership, which we add and/or integrate to your leanx.io Account. Please be aware that subscribing to any of the Memberships more than once shall result in the additional subscriptions being applied immediately after the initial subscription expires. For example, if you subscribe to Standard Membership twice, your Membership shall last for twice the period.

The Memberships subscribed are non-transferable and cannot be cancelled. Please refer to the Termination section for further clarification.

5. Upgrading and Downgrading Your Membership

You may upgrade to Standard Membership at any point in time. The upgrade is immediate and lasts until the membership subscription period expires (unless Auto-Renew is activated or you subscribe more than once).

You may upgrade to Enterprise Membership. The upgrade is not immediately available as it depends on your organization’s requirements for leanx.io Services, and leanx.io’s review of the membership suitability.

You may downgrade to Basic Membership at any point in time. However, as the membership subscription is by purchase-basis, your Standard Membership continues until the subscription period expires, and then your leanx.io Account shall be on Basic Membership. For Enterprise Membership, a downgrade is subject to the Offer Letter and Product Disclosure Sheet.

leanx.io does not accept liability for any loss concerning your membership upgrade or downgrade.

6. Payment Method

leanx.io offers various Payment Methods by integrated to financial institutions (leanx.io partners) as part of leanx.io services that include:

i. FPX By Paynet

ii. Credit Card & Credit Card Installment by BoldPay

iii. E-Wallet by Boldpay

iv. Buy Now Pay Later (BNPL) by Moby Money

v. Crypto Currency by Triple A

FPX Payment Method utilizes your FPX Seller ID configured to your leanx.io Account to enable you to accept FPX Transactions and receive your payouts in real-time. This is only available in Enterprise Package. Please refer to our Pricing page.

Other Payment Methods are subject to the offerings of the Financial Institutions and their separate terms applicable to the respective Payment Methods. This includes further documentation, verification, and approval of the respective Financial Institutions.

leanx.io may add or remove these Payment Methods and/or Financial Institutions at any time.

7. Support

Support and solutions to general issues relating to your leanx.io Account and your use of leanx.io Services shall be provided as described on our Pricing page. The support and solution provided include resources that are available to you on Developer Portal.

leanx.io shall not be responsible for providing support for any issues regarding fulfillment or services that you provide to your Customers. Upon a written request, your customers may obtain our assistance on a best endeavour basis to resolve the issues promptly.

FEE

Payment for all services must be made in Malaysian Ringgit (MYR). No other currency will be accepted for credit reloads, invoice payments, or bank account payouts.Fees encompass the Membership fee, Service fee, Activation fee, SMS fee, and Payout fee.

1. Credit Balance

leanx.io Credit Balance comprises of two pools with the following details:

Transaction Pool

The transaction pool refers to a designated sum of funds in MYR currency that is utilized for deducting various fees associated with using leanx.io Services. These fees include the FPX Transaction Fee, Membership Fee, and any other applicable charges. It is important to note that additional transaction fees based on your Membership and chosen Payment Method may also apply.

To maintain a sufficient Credit Balance, merchants are required to self-reload via online banking. The minimum reload amount allowed is RM10. However, please be aware that there is a maximum limit imposed on the Credit Balance, capping at RM10,000 at any given time.

Prefund Pool

Prefund Pool is an amount of funds in MRY currency allocated specifically for the purpose of deducting any expenses related to payout services or any Payout API execution.

A Merchant shall Self-Reload an amount to their Credit Balance via online banking. The minimum reload amount is RM10, and at any one time, the maximum amount of your Credit Balance can hold is RM 10,000.

Your Credit Balance shall expire after three hundred and sixty-five (365) Calendar Days from the date of the last Account Activity appearing in your leanx.io Account. Expired leanx.io Credits mean the leanx.io Credits shall be rendered null and void. leanx.io does not accept liability for the forfeiture of your leanx.io Credit.

1. Deduction

Deductions shall be made at your leanx.io Credit Balance for the following fees:

i. Membership fee

ii. Delivery fee

iii. SMS fee

iv. Whatsapp fee

v. Payout API fee

It is imperative to maintain a positive balance in your Credit Balance for leanx.io Credits deduction in order to cover any applicable fees. In the event that your Credit Balance is insufficient, leanx.io will offset the deduction amounts owed from a specified threshold amount. For instance, if the basic fee for FPX is RM 0.80 and the fee for a Standard account is RM0.60, the threshold amount will be charged at RM1.00 instead. The fee deducted from your Credit Balance for subscribing to Standard Membership and Enterprise Membership is non-refundable.

FPX Transactions conducted and FPX Transaction Fee deducted/incurred are non-reversible and non-refundable, respectively.

1. Settlement Period

For Default Settlement Method, daily total collection (minimum RM0.01) shall be deposited automatically into your bank account on the next day (UTC+08:00 Kuala Lumpur) anytime between 00:00–23:59 excluding Sunday, federal holiday or a special holiday. For example:

If the present settlement day is a federal holiday or a special holiday where leanx.io’s office is closed, settlement day shall be the next day excluding Sunday. Settlement shall be provided on a best effort basis based on the relevant Financial Institution’s uptime and availability.

For other Payment Methods, your Payout shall be deposited into your bank account based on the applicable Financial Institution’s payout period.

You agree to ensure that your banking details remain accurate. If there is a failure of payout for a period of time due to incorrect information of the banking details provided by you, leanx.io is entitled to convert the Payout amount to your leanx.io Credit. Please refer to Fee section at (a) above, and Termination section below.

1. Payments

If there should be any payments to be made due to invoices issued by leanx.io, such payment shall be made to leanx.io within thirty (30) days of the date of the invoice. If a Merchant is delinquent on payment of the invoices for fourteen (14) days or more, leanx.io may suspend the Merchant’s access to leanx.io Services or decline any late payment. Complaints concerning invoices must be made in writing within fourteen (14) days from the date of the invoice. Invoices shall be sent by electronic delivery unless requested otherwise by you, where additional fees shall apply. Any late payment shall be subject to any costs of collection (including reasonable legal fees) and shall bear interest at the rate of one and one-half percent (1.5%) per month (prorated for partial periods).

1. Payout

This is a feature for merchants to disburse an amount to one or multiple bank accounts via Payout API.

The amount set for a payout shall be reloaded into the Prefund Pool at your leanx.io dashboard before any Payout API execution.

Please ensure that the amount reloaded for Payout API execution is not into your leanx.io Credit Balance (Prefund Pool).

Please refer to Merchant Warranties And Obligations section on the Payout obligations.

PROHIBITED CONDUCT

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

i. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

ii. using our Site to defame, harass, threaten, menace or offend any person;

iii. interfering with any user using our Site

iv. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

v. using our Site to send unsolicited email messages; or

vi. facilitating or assisting a third party to do any of the above acts.

PROHIBITED AND RESTRICTED ITEMS POLICY

It is Merchant’s responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance with LeanX’s terms and policies before listing the item on the selling platform. For the Sellers’ convenience, LeanX has provided below a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale on LeanX. LeanX will update this guideline from time to time where necessary.

 

1. VIOLATION OF OUR TERMS OF SERVICE

Violations of this Prohibited and Restricted Items Policy may subject the Seller to a range of adverse actions, including but not limited to any or all the following:

i. Account deletion

ii. Account suspension and termination

iii. Legal actions

 

2. LIST OF PROHIBITED AND RESTRICTED ITEMS

i. Animal and wildlife products (including, without limitation, wild animals);

ii. Artifacts and antiquities;

iii. Used cosmetics;

iv. Counterfeit currency and stamps;

v. Credit and debit cards;

vi. Currency or credits including, without limitation, digital currency or credits, and stored value cards ;

vii. Drugs,prescription-only medicines,pharmacy-only medicines, drug-like substances and associated paraphernalia. For more information, please click here

viii. Telecommunication equipment that has not been registered with the Malaysian Communications and Multimedia Commission (MCMC), and electronic surveillance equipment and other similar electronic equipment such as cable TV, de-scramblers, radar scanners, traffic signal control devices, wiretapping devices and telephone bugging devices;

ix. Embargoed goods;

x. Firearms, weapons such as pepper spray, replicas, and stun guns, etc.;

xi. Alcohol (a valid license must be submitted to, and approved by, LeanX);

xii. Prohibited Food: For the safety of our Users, Sellers may not list the following food and food-related items on our Site:

a. Listings containing medicinal claims - that is, a claim that the item is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans and/or animals, contraception, inducing anaesthesia or otherwise preventing or interfering with the normal operation of a physiological function, whether permanently or temporarily, and whether by way of terminating, reducing or postponing, or increasing or accelerating, the operation of that function or in any other way (for example, pharmaceutical drugs, contact lenses, misbranded dietary supplements);

b. Noxious food items - Food which contains any prohibited substances or substances in excess of permitted proportions, adulterated food without fully informing Buyer at the time of sale of the nature of the transaction;

c. Non-pasteurised dairy products;

d. Wild mushrooms; and

e. Any other food items hazardous to human health.

xiii. Food not falling into the Prohibited Food category above must adhere to these minimum standards and guidelines:

a. Expiration dates – all food items must be clearly and properly labelled with an expiration or “use by” date. Expired food items must not be listed.

b. Sealed containers – all food and related products sold on the Site should be packaged or sealed to ensure that Buyer can identify evidence of tampering or defect; and

c. Perishable food items - Sellers who list perishable items should clearly identify in the item description the steps that they will take to ensure that the goods are properly packaged.

xiv. Government or Police related items such as badges, insignia or uniforms;

xv. Human parts or remains;

xvi. Lock-picking devices;

xvii. Lottery tickets;

xviii. Pesticides;

xix. Potentially infringing items: Items including but not limited to replicas, counterfeit items, and unauthorized copies of a product or item which may be in violation of certain copyrights, trademarks, or other intellectual property rights of third parties;

xx. Services: Unless expressly allowed by LeanX, the provision of services, including but not limited to services that are sexual, illegal in nature or in violation of the Terms of Service, are prohibited on LeanX’s platform;

xxi. Slot machines;

xxii. Recalled items;

xxiii. Shares, stock, other securities and stamps;

xxiv. Tobacco or tobacco-related products, including without limitation electric cigarettes/e-juices that contain nicotine;

xxv. Obscene, seditious or treasonous materials;

xxvi. Products that

a. relate to campaigns, elections, political issues, terrorism or issues of public debate,

b. advocate for or against, or attack a politician or political party,

c. promote or encourage any form of hate, crime, prejudice, rebellion or violence, or

d. are intended to shock, disgust, promote suicide or self-harm.

xxvii. Publications, books, films, videos and/or video games that do not comply with applicable laws in the country of sale and/or delivery;

xxvii. Stolen goods;

xxix. Mislabelled goods;

xxx. Used undergarments; and

xxxi. Any other items that are, or that contain components that are (i) illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities, or (ii) determined by any governmental or regulatory authority to pose a potential health or safety risk.

REFUND FOR CONSUMER

In the matter of dispute between Merchant and Consumer on refund and cancellation, Consumer must follow Merchant's cancellation policy directly. Leanx.io does not involve in such dispute.

Information

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

1. copy or use, in whole or in part, any Content;

2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

USER CONTENT

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. We claim no ownership of the intellectual property rights in User Content you provide to the Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly or making available any User Content on or through our Site, you agree to allow others to view and share your User Content and you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, communicate, publicly display, publicly perform, transmit, stream, broadcast, access such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

TAX

Any fees are exclusive of all taxes, levies or duties imposed by tax authorities, and you shall be responsible for payment of all such taxes, levies or duties. You shall reimburse leanx.io and hold leanx.io harmless for all sales, use, value added tax, excise, property or other taxes or levies which leanx.io is required to collect or remit to applicable tax authorities.

TERMINATION

By verifying your account and gaining access to your leanx.io Account, you acknowledge and agree to the terms stated in this User Agreement. This agreement will remain in effect until either you or leanx.io decide to terminate it, with or without cause. To terminate this agreement, simply send an email requesting the closure of your leanx.io Account. Please be aware that leanx.io reserves the right to close your account within seven (7) Calendar Days after providing notice.

Upon request via email, leanx.io can refund your available Credit Balance (excluding any free/promo credits provided by leanx.io) to your bank account once the closure of your leanx.io Account is effective. The refund process for the available Credit Balance will be completed within thirty (30) Business Days upon receipt of the official request. Once any outstanding amount from your Credit Balance has been successfully paid into your bank account, you will be considered as having terminated this User Agreement. For additional information, please refer to item (d) below.

a. Suspension, closure, or limiting of your leanx.io Account without cause

In the event of certain circumstances, leanx.io reserves the right to suspend or close your leanx.io Account, limit your access to leanx.io Services, or remove any transmitted data or content from the Platform. Please note that any licenses granted by leanx.io may be subject to limitations. Unfortunately, we are unable to provide refunds for fees deducted from your leanx.io Credit. Refunds for any remaining balance in your leanx.io Credit will only be issued after the closure of your leanx.io Account. It is important to understand that no refunds will be given for termination resulting from conduct that violates this User Agreement or applicable laws, involves fraud or misuse, or poses harm to our interests or another Merchant.

b. Suspension, closure, or limiting of your leanx.io Account with cause

leanx.io reserves the right to suspend, close, or limit your leanx.io Account and/or access to leanx.io Services at its discretion. leanx.io may also remove any data or content transmitted via the Platform without assuming any liability. Please note that any license formed through this agreement may be subject to limitations imposed by leanx.io below:

i. if you use leanx.io Services with false, manipulated, inaccurate, or misleading information regarding your identity, business entity, the nature of business, and any other information or official and legal documentation requested by leanx.io. This includes inaccurate contact information provided to leanx.io.

ii. if you fail to make any payments due within fourteen (14) days of the invoice of any applicable fee (including Enterprise Membership fee);

iii. if you breach any of the provisions under this User Agreement or if you fail to perform any obligation required of you, and such failure is not cured within fourteen (14) days from the date of such notice of breach being issued by leanx.io;

iv. you file a petition for bankruptcy or insolvency, has an involuntary petition filed against it, commence an action providing for relief under bankruptcy laws, file for the appointment of a receiver, or is adjudicated a bankrupt;

v. if requested by law enforcement or government agency or otherwise to comply with applicable laws, provided that leanx.io shall use commercially reasonable efforts to notify you before suspending access to the Platform as permitted under this User Agreement;

vi. as otherwise specified in this User Agreement;

vii. if you intentionally and/or knowingly use leanx.io Services for the following activities that fall under our Appendix of Regulated and Prohibited Nature of Business.

Your leanx.io account shall be terminated once your suspended leanx.io Account is not remedied within three (3) Calendar days from the date of suspension of your leanx.io Account.

Information on leanx.io’s servers and thereby access to the Platform shall be unavailable to you if your leanx.io Account is terminated, suspended, closed, or limited. leanx.io shall use reasonable endeavours to try giving you notice of such termination, suspension, closure, or limitation at its sole discretion.

c. Dormant Account

Your leanx.io Account shall become dormant after three hundred and sixty-five (365) Calendar Days from the date of the last Account Activity appearing in your leanx.io Account. Please refer to the Fee section at (a) above for further clarification.

If you plan to reactivate your dormant leanx.io Account, you may email us at [email protected].

d. Effect of Termination

Upon termination of this User Agreement, you shall no longer access your leanx.io Account, the Platform, and/or leanx.io Services and you shall not circumvent any security mechanisms contained therein. You shall also forthwith withdraw any reference to or related forms by leanx.io and/or leanx.io Services from your documents and/or websites and shall forthwith cease the use of the Marks.

If you plan to use leanx.io Services again, you may email us at [email protected] for the reactivation of your leanx.io Account. A reactivation fee shall apply.

e. Other Remedies

Termination of this User Agreement shall not limit either Party from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve your obligation to pay all fees that have accrued or are otherwise owed by you under this User Agreement.

MERCHANT WARRANTIES AND OBLIGATIONS

You acknowledge that for the purpose of a leanx.io Account registration, you are allowed to register with only one bank account, regardless of the type of bank account, or which bank entity your bank account is registered with.

You are solely responsible for your Information as well as entry and maintenance of the same. You acknowledge that leanx.io acts merely as a passive conduit for the online distribution of your bills and facilitating payment from your Customers to your account.

You are solely responsible for your relationship with your Customers. leanx.io has no visibility on any particular purchase, sale, donation, order, or other transactions performed by your Customers using leanx.io Services. leanx.io is not responsible for any losses you incur due to any fraudulent transactions arising from your use of leanx.io Services. Please refer to Membership section at (g).

Where you utilize leanx.io Payout service, you shall ensure that there is sufficient amount in the Prefund Pool. You shall also ensure that both the payment details and API instructions are accurate. leanx.io does not accept liability for any loss arising from its execution of payment instructions due to inaccurate details provided by you

You are solely responsible for understanding and complying with all laws, rules, and regulations of your specific jurisdiction that may apply to you in connection with your use of leanx.io Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

You shall be obliged to inform your Authorized Users before using leanx.io Services about the rights and obligations outlined in this User Agreement. You shall be liable for any violation of obligations by your Authorized Users, Customers, or by other third parties who violate obligations within the Authorized User’s control. You are fully liable for the acts and omissions of your third-party contractors under this User Agreement.

You shall be obliged to keep the login details, passcode, PIN, and/or API integration keys required for the use of the Platform confidential, to keep it in a safe place, and to protect it against unauthorized access by third parties with appropriate precautions. Personal access data must be changed at regular intervals.

Before entering its data and Information, you shall be obliged to check the same for viruses or other harmful components and to use state-of-the-art anti-virus programs for this purpose.

DISCLAIMER

THE PLATFORM, LEANX.IO SERVICES (INCLUDING THE APIS), AND ANY OTHER TECHNOLOGY OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE PLATFORM, LEANX.IO SERVICES, OR ANY FEATURE THEREOF SHALL ALWAYS BE RELIABLE, TIMELY, SECURE, OR DEFECT-FREE, OR THAT THE SERVICES SHALL BE UNINTERRUPTED AND AVAILABLE AT ALL OR ANY PARTICULAR TIME OR LOCATION. YOU ACCEPT THAT WE DO NOT REPRESENT OR WARRANT THAT THE PLATFORM AND/OR leanx.io SERVICES SHALL BE ERROR-FREE AT ALL TIMES. YOU ARE ALSO AWARE AND ACKNOWLEDGE THAT THE PLATFORM AND/OR leanx.io SERVICES RELY ON THIRD-PARTY TECHNOLOGIES AND FACILITIES INCLUDING INTERNET CONNECTIVITY WHICH ARE NOT WITHIN OUR CONTROL. YOU ACKNOWLEDGE THE CHARACTERISTICS AND LIMITATIONS OF DIGITAL AND WIRELESS NETWORKS AND THAT DATA MAY BE CORRUPTED, DELAYED, OR LOST DESPITE SECURITY AND OTHER MEASURES TAKEN BY US. YOU AGREE NOT TO HOLD US LIABLE FOR ANY FAILURES AS HIGHLIGHTED ABOVE.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND/OR LEANX.IO SERVICES IS AT YOUR SOLE RISK AND DISCRETION AND YOU SHALL ASSUME TOTAL RESPONSIBILITY. YOU SHALL RELY ON YOUR REVIEW AND EVALUATION OF THE PLATFORM AND/OR leanx.io SERVICES TO ASSESS ITS SUITABILITY FOR YOUR PARTICULAR PURPOSE. YOUR SOLE REMEDY AGAINST US IN THE EVENT OF DISSATISFACTION IS TO CEASE USING leanx.io SERVICES.

LEANX.IO RESERVES ALL ITS RIGHTS TO ADJUST AND AMEND THE CONTENTS OF THE PLATFORM AND/OR LEANX.IOSERVICES (INCLUDING THE APIS) FROM TIME TO TIME. IF SUCH ADJUSTMENT OR AMENDMENT LEADS TO NECESSARY CHANGES IN YOUR SOFTWARE, INTERFACES, OR OPERATING PROCEDURES, leanx.io SHALL USE REASONABLE ENDEAVOURS TO NOTIFY YOU WITHIN A REASONABLE PERIOD AND YOU AGREE TO BEAR ALL THE COSTS AT YOUR END CONCERNING SUCH ADJUSTMENT AND AMENDMENT, AND IN ENSURING BUSINESS AS USUAL.

LEANX.IO RESERVES ALL ITS RIGHTS TO CONDUCT TEST PAYMENTS ON YOUR leanx.io ACCOUNT FROM TIME TO TIME WITHOUT PRIOR NOTIFICATION TO YOU. YOU ACKNOWLEDGE THAT THE PURPOSE OF THE TEST PAYMENTS MAY BE TO VERIFY/REVIEW/INSPECT THE VALIDITY OF YOUR BANK ACCOUNT, INTEGRATION EFFICIENCY, AND THE PLATFORM IMPROVEMENT OR UPGRADE. YOU EXPRESSLY AGREE THAT YOU WILL NOT BE ABLE TO REQUEST AN INVOICE FROM leanx.io FOR ANY PARTICULAR TEST PAYMENT CONDUCTED.

ILLEGAL USE AND SUSPICIOUS ACTIVITIES

leanx.io has the sole discretion to refuse, impose additional condition, withhold, reverse, refund and/or suspend any payouts or transactions that we believe (at leanx.io sole discretion and determination):

i. may violate this Agreement or other agreements you may have with leanx.io;

ii. are unauthorized, fraudulent or illegal;

iii. are deriving from Prohibited Businesses and/or Restricted Businesses under our Appendix of Regulated and Prohibited Nature of Business; and/or

iv. expose leanx.io and/or other parties to risks which leanx.io deem not suitable . If leanx.io suspects, have reason to believe and/or know that you are using or have used leanx.io Services for unauthorized, fraudulent, or illegal purposes, leanx.io is given consent by you to share any information related to such activity with the appropriate financial institution, authority, or law enforcement agency. The information may include but is not limited to information about you, your leanx.io Account, your Customers, and transactions made through your use of leanx.io Services.

In relation to the above, you agree and shall provide your utmost cooperation in assisting leanx.io by providing the necessary information and/or documentation as required from time to time to assist leanx.io with its determination. However, leanx.io shall have no such obligation to conduct any inspection or investigation.

You shall have no right to claim for any losses or damages in relation or consequential to the above action taken by leanx.io for any transaction. Further thereto, leanx.io shall have the absolute discretion to terminate, suspend, close or limit your leanx.io Account and/or access to leanx.io Services or remove any data or content transmitted via the Platform without liability, and any license created hereunder may be limited by leanx.io.

LIABILITY

Our obligations hereunder relate strictly to the operation of the leanx.io Services. Except as set out in this User Agreement, we shall not be liable for the goods, services, or any transactions which you conduct with your customers and/or other parties via your leanx.io Account. You shall resolve all and any dispute whether as to the quality, safety, ability, legality, or any other matters directly with the relevant customer or other parties.

You shall be solely responsible for any fees charged by banks or other third parties, and/or the payment of any other duties or charges arising from the transaction undertaken by you with banks and third parties.

leanx.io shall have no liability for any claim of infringement based on: (i) Platform which has been modified by parties other than leanx.io where the infringement claim would not have occurred in the absence of such modification; (ii) your use of the Platform in conjunction with data where use with such data gave rise to the infringement claim; or (iii) your use of the Platform outside the permitted scope of this User Agreement.

We shall not be responsible if your leanx.io Account is compromised due to your failure to keep your login details, passcode, PIN, and/or API integration keys secure.

You should promptly notify us in the event there are any irregularities in your leanx.io Account. We are however under no obligations whatsoever to effect any transaction reversal or refund unless our investigations reveal an error in our Platform or default or omission on our part.

To the fullest extent permitted by law, we, including our directors, officers, employees, subsidiaries, affiliated and holding companies, shall not be liable to you or any third party for any loss or damages whatsoever, whether direct, indirect, consequential, punitive, exemplary or incidental arising out of or in connection with your leanx.io Account or the failure of the Platform and/or leanx.io Services to operate, including without limitation loss of opportunity, goodwill, revenue, profits or data, damage to property, injury to person or death, theft, fraud, machine downtime or damages caused by any deficiency, defect, error or malfunctioning of the Platform and/or leanx.io Services. Your acceptance of this limitation is an essential term of your use of leanx.io Services and you acknowledge that we would not have otherwise agreed to provide leanx.io Services to you without your agreement to this term.

leanx.io’s liability (if any) shall not in aggregate exceed the amount of a Merchant’s monthly Activation Fee which gave rise to such damages.

INDEMNITY

You agree to indemnify us, our directors, officers and employees, subsidiaries, affiliated and holding companies to the fullest extent possible, from and against all liabilities, costs, demands, or claims whatsoever on a full indemnity basis, which may be made by any third party or suffered by us due to a breach by you of this User Agreement, or arising in any way from your default, acts, omissions and/or negligence in connection with the leanx.io Services.

You agree to indemnify us, our directors, officers, and employees, subsidiaries, affiliated and holding companies to the fullest extent possible, from and against all liabilities, costs, demands, or claims whatsoever on a full indemnity basis, which may be made by any Financial Institution due to a breach by you of this User Agreement or arising in any way from your default, acts, omissions, and/or negligence in connection with the usage of the Payment Method provided by the Financial Institution. You shall sign electronically a letter of indemnity that shall be provided to you during your leanx.io Account registration.

Your agreement also constitutes your consent to electronic signatures that shall have the same legal effect as a physical signature.

INTELLECTUAL PROPERTY RIGHTS

a. leanx.io License Grant

Subject to all limitations and restrictions contained in this User Agreement, leanx.io grants you a term subscription, non-exclusive and non-transferable right to access the Platform as hosted by leanx.io. You irrevocably acknowledge that, subject to the licenses granted herein, you have no ownership interest in the Platform or leanx.io materials provided to you. leanx.io shall own all rights, title, and interest in such Platform and leanx.io materials, subject to any limitations associated with the intellectual property rights of third parties. leanx.io reserves all rights not specifically granted herein.

In respect of our APIs, leanx.io grants you a non-exclusive, non-transferable, and limited license to access its APIs and documentation only as necessary to develop, test, and support the integration of your application with leanx.io Services. You may not sell, rent, lease, sublicense, redistribute or syndicate access to any of leanx.io’s APIs. leanx.io owns and shall continue to own its APIs and documentation, including all related intellectual property rights therein.

b. Merchant License Grant

You grant leanx.io a non-exclusive, royalty-free license to access, use, reproduce, modify, perform, display and distribute your data or Information as is reasonable or necessary for leanx.io to perform or provide the Platform for your usage.

c. Use

You shall have a limited right and license to use the Platform solely for its internal business purposes. The Platform shall perform the functions as described on leanx.io Website.

You shall not allow any website that is not fully owned by you to frame, syndicate, distribute, replicate or copy any portion of your website that provides direct or indirect access to the Platform.

d. License Type

The type of license granted is as follows: each leanx.io Account that a Merchant has shall be linked to only one bank account of the Merchant. Each leanx.io Account has three (3) levels of Authorized Users’ permission, i.e. (a) Owner (a person being delegated with full ownership and responsibility for the leanx.io Account); (b) Administrator (a person being delegated with collection responsibility in the leanx.io Account) and Viewer (a person being given only viewing capabilities of the leanx.io Account). A Merchant may designate different staff, officers, or employees with varying permissions set out above, rights, or limitations at any time without notice to leanx.io. leanx.io shall not accept liability including any loss, fraud, or misuse of leanx.io Account by Merchant or its officers, employees, or any third parties.

e. Additional Restrictions

You shall use leanx.io Services strictly under this User Agreement. You shall not and shall not permit others to:

i. decompile, reverse engineer, disassemble, attempt to derive the source code, or decrypt the Platform. Decompiling, reverse engineering, and disassembling include, without limitation: (a) converting the Platform from a machine-readable form into a human-readable form; (b) disassembling or decompiling the Platform by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof; (c) examining the machine-readable object code that controls the Platform’s operation and creating the source code or any approximation thereof by, for example, studying the Platform’s behaviour in response to a variety of inputs; or (d) performing any other activity related to the Application that could be construed to be reverse engineering, disassembling, or decompiling. To the extent any such activity may be permitted under the written agreement, the results thereof shall be deemed Confidential Information subject to the requirements of this User Agreement. You may use leanx.io’s Confidential Information solely in connection with the Platform and under the terms of this User Agreement.

ii. make any modification, adaptation, improvement, translation, or derivative work from the Platform;

iii. violate any applicable laws, rules, or regulations in connection with your access or use of the Platform;

iv. remove, alter or obscure any proprietary notice in connection with the Platform;

v. use the application for any revenue-generating endeavour, commercial enterprise, or other purposes for which it was not designed or intended;

vi. use the Platform for creating a service, product, or software which directly or indirectly competes with or substitutes leanx.io Services;

vii. use the Platform to send out spam or unsolicited emails; or

vii. use any of our intellectual property or other proprietary information in the design, development, or distribution of any applications, accessories, or devices for use with leanx.io.

f. Collaterals

You should assume that all software and collaterals in connection with leanx.io Services, and all graphics, text, photographs, artwork, logos, user interfaces, sounds, music, computer code, and other materials on leanx.io Website or our Platform, including but not limited to our logos, the design, “look and feel”, expression and arrangement of leanx.io website and application, are owned, controlled by or licensed to us and/or protected by copyright, trademark or other intellectual property rights. Save as expressly provided herein, no licence is granted to you by implication, estoppel, or otherwise with respect to our intellectual property, and you may not use, copy, reproduce, transmit or distribute any component or part of our intellectual property without our prior written consent.

g. Marks and Publicity

leanx.io’s Marks and your Marks are the sole and exclusive property of the respective owning Party, which owns all right, title and interest therein. Neither Party grants to the other any title, interest or other rights in any Marks except as provided in this section.

i. leanx.io may: (a) use your name and/or logo within product literature, press release(s), social media, and other marketing materials; (b) quote your statements in one or more press releases; (c) make such other use of your name and/or logo as may be agreed between the Parties; and/or (d) include your name and/or logo within its list of customers for general promotional purposes. You shall use such Marks in accordance with leanx.io's directions as communicated in writing to you from time to time. You do not have a right of sub-license. leanx.io may apply limitations to the right granted to you under this section at any time and at its sole discretion.

ii. You may use leanx.io’s name and/or logo on your websites and in any off-line promotional materials for the sole purpose to indicate that you make use of the leanx.io Services. leanx.io shall comply with your trademark use guidelines as such are communicated to leanx.io in writing and leanx.io shall use your Marks in a manner which is consistent with industry practice.

 

CONFIDENTIALITY

a. Confidentiality of Platform

All Confidential Information in the tangible form shall be marked as “Confidential” or the like or, if intangible (e.g., orally disclosed), shall be designated as being confidential at the time of disclosure and shall be confirmed as such in writing within thirty (30) days of the initial disclosure. Notwithstanding the foregoing, the Platform is deemed as leanx.io’s Confidential Information with or without such marking or written confirmation.

b. Exceptions

The obligations of the Parties contained hereunder shall not apply to any material or information that: (i) is or becomes a part of the public domain through no act or omission by the receiving Party; (ii) is independently developed by the other Party without the use of the disclosing Party’s Confidential Information; (iii) is rightfully obtained from a third party without any obligation of confidentiality; (iv) is already known by the receiving Party without any obligation of confidentiality before obtaining the Confidential Information from the disclosing Party or (v) is disclosed with the disclosing Party’s express consent. In addition, neither Party shall be liable for disclosure of Confidential Information if made in response to a valid order of a court or authorized agency of government.

c. Non-Disclosure

Each Party agrees at all times to use all reasonable efforts but in any case no less than the efforts that each Party uses in the protection of its Confidential Information of like value, to protect Confidential Information belonging to the other Party. Each Party agrees to restrict access to the other Party’s Confidential Information only to those employees, sub-contractors or third parties who require access in the course of their assigned duties and responsibilities.

d. Suggestions/Improvements to Platform

Notwithstanding this section, unless otherwise expressly agreed in writing, all suggestions, solutions, improvements, corrections and other contributions provided by you regarding the Platform or other leanx.io materials provided to you shall be owned by leanx.io, and you hereby agree to assign any such rights to leanx.io. Nothing in this User Agreement shall preclude leanx.io from using in any manner or for any purpose it deems necessary, the know-how, techniques, or procedures acquired or used by leanx.io in the performance of services hereunder.

e. Obligation of Confidentiality

During the Subscription Period and after the termination of this User Agreement, the receiving Party shall (i) keep the Confidential Information undisclosed; (ii) not disclose the Confidential Information to any person save and except with the prior written consent of the Disclosing Party or in accordance with item c. above; and (iii) not use the Confidential Information for any purpose other than in connection with the performance of its obligations under this User Agreement.

 

PRIVACY POLICY & DATA PROTECTION OBLIGATIONS

You agree to our Privacy Policy incorporated herein by reference and accept that it forms an essential and integral part of this User Agreement.

You consent to our use of your data under the terms of our Privacy Policy. You agree that by registering a leanx.io Account with us and/or using leanx.io Services, you have authorized and consented to your data being disclosed to and/or processed by such third parties as may be necessary for our providing the leanx.io Services services to you.

You grant us consent to confirm your data with other entities or agencies for us to verify your identity and/or to comply with any legal or regulatory requirements in connection with leanx.io Services.

You accept that we may be required to revise our Privacy Policy from time to time. All revisions shall be promptly notified through leanx.io Website. Your continued use of leanx.io Account and/or leanx.io Services shall mean that you have agreed and consented to our Privacy Policy as revised.

THIRD PARTY TERMS AND WEBSITES

a. Third Party Services and/or Platform

leanx.io Services may use third-party services and/or contain third-party software that requires notices and/or additional terms and conditions. Such required third-party services and/or software notices and/or additional terms and conditions may be requested from leanx.io and are made a part of and incorporated by reference into this User Agreement. By accepting this User Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.

b. Third-Party Websites

leanx.io Website and/or Platform may provide hyperlinks to websites not controlled by us and such hyperlinks do not imply our endorsement, agreement on, or support of the content, products, and/or services of such applications or websites. leanx.io Website and/or Platform does not editorially control the content, products, and/or services on such websites and shall not be liable, in any nature whatsoever, for the access to, or the inability to access to, or the use, inability to use or content available on or through such websites.

 

GENERAL PROVISIONS

a. Severability

If any provision of this User Agreement is found to be invalid, void, or unenforceable under any applicable law, such provision shall be excluded or deemed deleted to the limited extent necessary and replaced with a valid provision that best embodies the intent of this User Agreement. The remaining provisions herein shall not be affected and shall continue to apply to the fullest extent.

b. Non-Waiver

Our failure to enforce or insist on strict performance of any of this User Agreement shall not be construed as a waiver of any provision or right herein unless such waiver is made in writing, nor shall any course of conduct between us or any other party be deemed to modify any provision of this User Agreement.

c. Successor

This User Agreement may not be construed or interpreted to confer any rights or remedies on any third parties. This User Agreement shall be binding on your successors-in-title and permitted assigns.

d. Survival

Where any term hereof by its sense, nature, or context are intended to survive the closure of your leanx.io Account or termination of the agreement between us, such term shall continue in full force and effect to be binding on you, including, without limitation, terms as to representations, warranties, indemnities, limitation of liabilities, intellectual property rights, right to offset, and personal data.

e. Force Majeure

We shall not be responsible for any delay or failure in performing our obligations herein due to an unforeseeable event or causes which are not within our reasonable control (force majeure). Force majeure events shall include without limitation acts of sabotage, fire, natural catastrophes, legislative or regulatory changes or directives, and failure or interruption of utilities such as electricity, telecommunications, internet service providers, banking systems, or other third party providers.

f. Injunctive Relief

You acknowledge that a breach of Merchant Warranties And Obligations section and Confidentiality section would cause leanx.io imminent irreparable injury and that leanx.io shall be entitled to, in addition to any other remedies available at law or equity, temporary, preliminary, and permanent injunctive relief in the event you do not fulfill your obligations under Merchant Warranties And Obligations section and Confidentiality section.

g. Assignability

We may assign, transfer, subcontract and/or novate our rights or obligations under this User Agreement as we deem fit or necessary subject only to prior notice to you by publication herein.

h. Language

In the event of a dispute between the English and non-English versions of this User Agreement (if any), the English version shall be the prevailing and governing document.

i. Governing law and jurisdiction

This User Agreement shall be governed and construed in accordance with the laws of Malaysia, and in the event of any legal proceedings arising out of or in connection herewith, you agree to submit to the exclusive jurisdiction of the courts of Malaysia.

j. Notice

Any notice required under this User Agreement shall be given in writing and shall be deemed effective upon delivery to the Party to whom it is addressed. All notices shall be sent to the applicable address specified on the registration documents or to such other address as the Parties may designate in writing.

k. Headings

Headings are for reference purposes only, have no substantive effect, and shall not enter into the interpretation hereof.