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Terms & Conditions

  1. ACCEPTANCE OF TERMS AND CONDITIONS

 

 

  1. By (a) using the Services, (b) signing up for an account on the App or Site (“Account”) and clicking “I AGREE” or “I ACCEPT” on the pop-out upon the completion of your registration of the Account, either through the “Subscribe” feature of the App or on the Site, and/or (c) completing any transaction through the Services, you (either the “User” or the “Service Provider” as the case may be) agree to the Agreement (defined below) and any additional terms applicable to certain services in which you may elect to participate. 

 

  1. You also agree to our Personal Data Protection Policy, incorporated herein by reference and located at https://paluts.com/ (“Personal Data Protection Policy”), and acknowledge that you will regularly visit the Terms and Conditions to familiarise yourself with any updates. The Personal Data Protection Policy, together with these Terms and Conditions, and any other terms contained herein or incorporated herein by reference, including our FAQs located on the Site, are collectively referred to as the “Agreement”. 

 

  1. The term “use” and its derivatives also include any person or entity that accesses or uses Services and/or any related or ancillary services with crawlers, robots, data mining, or extraction tools or any other functionality. 

 

  1. These Terms and Conditions apply equally to both Users and Service Providers, however specific terms and conditions apply to Service Providers in Sections 6, 7 and 8. 

 

If you do not agree to these Terms and Conditions, immediately stop using the Services and do not continue participating in or offering any Service offered through the App or the Site. 

 

  1. WHAT WE DO

 

  1. Wataw stands for “work any time anywhere”. The Site and the App are community platforms through which Users may purchase or provide part time help and Service Providers may provide such part time help. Users can purchase or undertake certain services through the Site or the App by utilising the search engine and Service Providers can be listed on our search engine. As at the date of these Terms and Conditions, such Services include:

 

Car Wash Services Cleaning of vehicles based on the model and make of the vehicle.

 

Moving Services Heaving lifting, manual labour, loading and unloading heavy furniture or equipment.

 

Cleaning Services General cleaning services for home and office space.

 

Personal Assistant Services Personal helper, event staff, booth manning at events, and secretarial functions. 

 

  1. The subscription or provision of the above Services are subject always to these Terms and Conditions, in particular, the terms and conditions in Section 3 (Service Specific Conditions) and Section 4 (Charges and Payment). 

 

  1. Wataw may add or remove Services from time to time.

 

  1. SERVICE SPECIFIC CONDITIONS

 

  1. Users accept that in relation Car Wash Services and Cleaning Services, the charges and service fees listed on the Site or the App do not include cleaning equipment, cleaning tools, necessary chemicals and disinfectant, personal protective equipment (“PPE”), safety harnesses, brooms, mops, vacuum cleaners, pails, sponges, scours, toilet plungers, and any other similar tool or equipment (collectively “Cleaning Materials”)

 

  1. Wataw may offer the provision of some of these Cleaning Materials for an additional fee. 

 

  1. The Services do not include anything that would contravene a provision of applicable law, regulation or guideline or anything that would risk the health or safety of any User or Service Provider. 

 

  1. Cleaning Services do not include, inter alia

 

  1. Pest control or extermination services of any kind; 

 

  1. Any disinfection or sanitation meant to comply with a specific statutory standard, for example under any regulation or order under the Prevention and Control of Infectious Diseases Act 1988 (Act 342), the Private Healthcare Facilities and Services Act 1988 (Act 586) or the Occupational Safety and Health Act 1994 (Act 514), whether or not related to COVID-19 or any other pathogen; 

 

  1. Furniture restoration, repair, varnishing, reupholstery or refurbishment, repainting or paint removal;

 

  1. Professional cleaning requiring specialist treatment, such as for deep cleaning for carpets and curtains, treatment and removal of mold and mildew, removal of asbestos, treating woods for termites and treating fabrics for dust mites; and

 

  1. Laundry, including washing, drying and ironing.

 

  1. Car Wash Services do not include, inter alia;

 

  1. Waxing;

 

  1. Nano mist fogging;

 

  1. Repair, repainting or replacement of any vehicle part(s); and

 

  1. Roadworthiness checks of any kind whatsoever.

 

  1. Moving Services do not include, inter alia

 

  1. Moving any items that are immovable without tools, such as fixtures, or any item that requires the destruction or modification of the appurtenant walls or architectural elements; 

 

  1. Moving any items that are extremely fragile, or highly valuable, such as antiques without our prior knowledge and at your own risk;

 

  1. Moving any hazardous, biohazardous, radioactive, flammable, combustible, corrosive or explosive material, including any sewage, medical waste or radioactive waste; 

 

  1. Moving any firearms or munitions, including any controlled items under the Arms Act 1960 (206);

 

  1. Moving any pharmaceuticals, poisons, human tissues or other controlled substances, including any listed materials under the Dangerous Drugs Act 1952 (Act 234) or the Poisons Act 1952 (Act 368);

 

  1. Moving any living creature, including any beast, bird, aquatic animal, reptile or insect, and in particular any wildlife protected under the Wildlife Conservation Act 2010 (Act 716);

 

  1. Collection of any rubbish or domestic waste; and

 

  1. Moving any items that require any approvals, permits or licences under any applicable law.

 

  1. Personal Assistant Services do not include, inter alia

 

  1. Personal assistance at any illegal event or gatherings;

 

  1. Any services that require inappropriate bodily contact, such as massages; 

 

  1. Corporate secretarial services; 

 

  1. Any dispatch of document that requires a legal service of process; and

 

  1. Any regulated service.

 

  1. Wataw makes no warranty, undertaking, representation or commitment that the Services would meet any level of satisfaction or service level. Users acknowledge that the use of the Services is at the sole risk of the User. 

 

  1. Wataw further makes no warranty, undertaking, representation or commitment that the Services will conform in all material respects with their descriptions on the Site or on the App. While we will take reasonable steps to verify the Service provider’s information, Wataw relies on the accuracy and authenticity of all information provided to us through the Site or the App, and as such we are not responsible for any act or omission of a Service provider. 

 

  1. CHARGES AND PAYMENT

 

  1. In consideration of the Services, you agree to pay such fees and charges listed on the Site or on the App corresponding to the Service purchased (“User Payments”). Users expressly agree to assume full liability for the User Payments and Wataw shall in no event be held liable for any default on the part of a User to meet a User Payment.  

 

  1. The User Payment will be based on the number of hours for the Service requested, times the number of Service providers, times the rate for each Service and Service provider (“Hourly Rate”), as the case may be. Wataw may increase such Hourly Rates periodically without prior notice to Users, however the Hourly Rates published on the Site or on the App will be correct as at the date of the transaction by the User. 

 

  1. Notwithstanding the above, certain Services may be quoted in terms of a daily rate (“Daily Rate”). When a Daily Rate is applied, Wataw assumes the availability of the Service Provider for eight (8) man hours per Service Provider. 

 

  1. The platform on the Site or the App allows for the Users to provide a gratuity to the Service provider (“Tip”). Tips are optional, not mandatory, and may be added to the final amount of the User Payment upon the consummation of the transaction. 

 

  1. The User Payment will be deducted from the Users on the Site or the App after the Users and Service providers are successfully matched. Users may additionally purchase pre-paid credits to be used in exchange for the Services (“Credits”). Credits have no cash value. 

 

  1. All User Payments, Credits and Tips are non-refundable. Wataw operates a no refund policy which shall apply at all times regardless of a User’s decision to terminate a Service. 

 

  1. From time to time, Wataw may make certain promotions available, including discounted rates for the Services and promotional codes which may be applied to the final User Payment (“Promotions”). Promotions may be subject to separate terms and conditions that may be posted from time to time on the Site or the App. 

 

  1. The User Payments are billed in advance of the Services to be performed by the Service provider(s). User Payments are paid (or deducted, in the case of Credits) prior to the commencement of the Service. In the event of a variation in the agreed scope of the Service that occurs during the provision of the Service, then Wataw may charge additional User Payments (or set off the amount corresponding to such additional User Payments from the available Credit) based on the additional scope of the Service requested by the User. Each User expressly agrees that Wataw shall have the right to further bill such User Payment or set off from the Credits in the Account, as the case may be, in a manner described in this Section 4.8. 

 

  1. Currently, Wataw accepts online payment through financial processing exchange (with recognised participating Malaysian banks), debit card, credit card, or e-wallets (Touch ‘n Go, Boost!, MCash and MAE). 

 

  1. Wataw is not responsible for any errors or omissions in bank account details made in the registration of your Account, nor any delays or errors by any third-party financial institutions, financial processing exchange or e-wallet service provider, nor for any internet glitches or communication errors that may occur during a transaction.  

 

  1. YOUR ACCOUNT

 

  1. You may only create and hold one Account on the App or the Site for your personal use and must register with valid bank details (whether for Users or Service providers). You are responsible for updating and correcting information you have submitted to create or maintain your Account. 

 

  1. As part of your Account settings, you have the option to: (a) save, edit, or delete your personal information; and (b) opt-out of persistent login. You understand and agree that Wataw shall have no responsibility for any incident arising out of, or related to, your Account settings. 

 

  1. You must safeguard your password and supervise the use of your Account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Services or transacting through your Account is you. You agree that you are solely responsible for any activity that occurs under your Account. Your Account is non-transferrable. 

 

  1. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms and Conditions, including, without limitation, failure to maintain updated and correct information about your Account may result in us being unable to offer you the Services (or compensation in relation to the Services provided, in the case of Service Providers) and may result in suspension or cancellation of your Account. 

 

  1. If your account is cancelled, you may forfeit any pending Credit and any other forms of unredeemed value in your Account without notice. Upon termination, the provisions of these Terms and Conditions that are, by their nature, intended to survive termination (such as any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Services, including, without limitation, requirements for use.

 

  1. SERVICE PROVIDERS

 

  1. Service Providers are onboarded and must register for an Account on the platform(s) through the Site or the App. Unless the context otherwise permits, all terms applicable to Users in these Terms and Conditions specifically and the Agreement generally are applicable to the Service Providers as well. 

 

  1. All Service Providers must, at the time of the registration of their Account and thereafter for so long as they remain registered on the Site or the App:

 

  1. Be at least eighteen (18) years old;

 

  1. Be a citizen or permanent resident of Malaysia with a valid work permit or visa that allows for paid work;

 

  1. Provide true and accurate information in their registration forms for their Account (which will be used in the advertisement of their Services on the Site or the App);

 

  1. Only use the Site or the App for lawful purposes;

 

  1. Possess a valid, current and not expired driving licence.

 

  1. Not authorise others to use your identity, user identification or password, and not assign or otherwise transfer your user Account to any other person or entity.

 

  1. Not use or permit their Account to be used in a manner that causes nuisance or to behave in an inappropriate or disrespectful manner towards any User or any third party; 

 

  1. Be responsible to maintain and update your information from time to time to keep it accurate and complete all the terms of Agreement faithfully.

 

  1. Assist Wataw with any internal or external investigations as may be required by the Company in complying with any prevailing laws or regulations in place; 

 

  1. Agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Site or the App, a User or any other party as a result of your breach of this Agreement.

 

  1. Notwithstanding any other provision of the Agreement, we reserve the right to immediately suspend or terminate a Service Provider’s Account without notice, without compensation and to the maximum extent permitted by law, without liability, in the event of the following circumstances: 

 

  1. Where the Service Provider fails, refuses or neglects to achieve the required set of goals and jobs based on Users request pursuant to a Service offered by that Service Provider; 

 

  1. If the Service Provider is found to be dishonest, misconducted himself or herself, or was negligent, reckless or grossly negligent in performing his/her duties in the performance of a Service; 

 

  1. Persistent unsatisfactory performance or poor ratings provided by a User on the Site or the App in relation to the Services or the conduct of a Service Provider. 

 

  1. The Service Provider committed a criminal or civil breach of trust, or a theft of any property, including intellectual property. 

 

  1. The Service Provider uses the Services in furtherance of any immoral or illegal act.

 

  1. The Service Provider is a habitual user of illegal drugs;

 

  1. The Service Provider impersonate any person or entity, whether or not in the performance of a Service; 

 

  1. The Service Provider infringes the intellectual property of any person, whether or not in the performance of a Service; or

 

  1. It is apparent that the Service Provider had provided false, misleading or inaccurate information, whether or not in the provision of a Service.

 

  1. Upon the occurrence of any event in Section 6.3, including where prompted by any User complaint, Wataw may suspend the Service Provider’s Account pending an investigation or internal inquiry to be conducted by Wataw. Each Service Provider expressly agrees to fully and fairly participate in such investigation. 

 

  1. Each Service Provider further acknowledges that Wataw fully cooperates with law enforcement and will not hesitate to refer any criminal conduct that comes within its knowledge to the appropriate authorities. 

 

  1. Upon the conclusion of any investigation, Wataw may either reinstate the Service Provider’s Account or terminate that Service Provider forthwith. Where Wataw has terminated the Service Provider’s Account, any amount of Fees held by Wataw as at the date of termination will be returned subject to Section 6.7.

 

  1. If we have reason to suspect that the Fees otherwise earned by the Service Provider are the proceeds of any unlawful activity, or the proceeds pursuant to any fraudulent transactions, then, in addition to termination or suspension of your Account, we may withhold and retain the Fees pending any court order or legal process.

 

  1. SERVICE PROVIDER FEES AND OUR COMMISSION

 

  1. Subject to the terms of this Agreement, Service Provider will earn such fees as advertised on the Site or the App from the User Payments transacted through the Site or the App, less our Commission (“Fees”). 

 

  1. Our Commission rate will be published on the Site or the App from time to time. We reserve the right on notice, to increase the Commission based on the volume of transactions on the Site or the App. 

 

  1. For the avoidance of doubt, Service Providers will be paid within thirty (30) days of our receipt and full clearance of any User Payment. 

 

  1. SERVICE PROVIDER INCENTIVES

 

  1. From time to time, Wataw may offer certain incentives, whether in the form of promotion credits, financial incentives, bonuses, and other forms of incentives, as a means to engender fuller and more enthusiastic participation by the Service Providers in the provision Services, or to reward outstanding performance of a Service Provider (“Incentives”) 

 

  1. Notwithstanding the generality of Section 8.1, Wataw’s offer of any Incentive is made at Wataw’s sole and absolute discretion, and such offer may be withdrawn at any time, with or without reason. 

 

  1. Further information on Incentives may be available on the Site or the App as updated from time to time. 

 

  1. CONDITIONS OF USE

 

  1. As a condition of your use of the Services, both Users and Service Providers agree that: 

 

  1. You have reached the age of majority as defined under applicable law;

 

  1. You are able to create binding legal relations; 

 

  1. You are not barred from receiving products or services under applicable law; 

 

  1. You are not barred from providing products or services under applicable law;

 

  1. You will not attempt to use the Services with crawlers, robots, spiders, scrapers, data mining, or extraction tools or any other functionality; 

 

  1. Your use of the Services will at all times comply with these Terms and Conditions; 

 

  1. You will only make purchases on the Services for your own use and enjoyment 

 

  1. Your offer of Services will be fully and fairly described and performed

 

  1. You have the right to provide any and all information you submit to the Services, and all such information is accurate, true, current, and complete; 

 

  1. You will update and correct information you have submitted to the Services; and

 

  1. You will not sub-lease or sub-contract the whole or any part of the Services. 

 

  1. Additionally, all Users and Service Providers shall observe, perform and be bound by all provisions of this Agreement. 

 

  1. MODIFICATION 

 

  1. We reserve the right at all times to discontinue or modify any part of these Terms and Conditions at our sole discretion. If we make changes that affect your use of the Services, we will post notice of the change on the Terms and Conditions page. Any changes to these Terms and Conditions will be effective upon our posting of the notice, provided that these changes will be prospective only and not retroactive. 

 

  1. If you do not agree to the changes, you may close your Account and you should not use the Services or offer any Services after the effective date of the changes. We suggest that you revisit our Terms and Conditions regularly to ensure that you stay informed of any changes. 

 

  1. You agree that posting notice of any changes on the Terms and Conditions page is adequate notice to advise you of these changes, and that your continued use of the Services will constitute acceptance of these changes and the Terms and Conditions as modified.

 

  1. YOUR CONDUCT

 

  1. All interactions on the Services must comply with these Terms and Conditions. To the extent your conduct, in our sole discretion, restricts or inhibits any other User from using or enjoying any part of the Services, we may limit or terminate your privileges on the Services and seek other remedies, including, without limitation, suspension or cancellation of your Account or forfeiture of any Credits, Incentives and any other forms of unredeemed value in your Account. You are encouraged to report any User or Service Provider that violates this Section 11.

 

  1. While using the Services, you will not and you will not attempt to:

 

  1. Impersonate any person or entity;

 

  1. Access data not intended for you, such as logging into a server or an Account which you are not authorised to access;

 

  1. Make any false or fraudulent entries or provide misleading information;

 

  1. Use the contact details of any User or Service Provider to make prank phone calls or SMS/MMS messaging;

 

  1. Engage in any illegal activities in using the Services;

 

  1. Advertise any products, services, apps or websites other than those owned or controlled by Wataw;

 

  1. Knowingly transmit any virus or other disabling feature to or through the Services, or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Services;

 

  1. Interfere with, disrupt, or create an undue burden on the Services or the associated systems, including the App or Site;

 

  1. Post or transmit to or via Services any copyrighted or trademarked material belonging to a third party, or any material or content that infringes the rights or privacy of Wataw, our employees, our Service Providers, our Users or others;

 

  1. Frame or mirror any part of the Services without our written approval;

 

  1. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or the associated systems, including the App and Site, or cause any other person to do so;

 

  1. Use the Services or any of its resources to solicit Users, Service Providers, or other third parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Wataw;

 

  1. Act illegally or maliciously against the business interests or reputation of Wataw, our Service Providers, or our Services;

 

  1. While using the Services, you will not and you will not attempt to post or transmit to or via the Services:

 

  1. any content which is indecent, obscene, false, menacing or offensive in character with the intent to annoy, abuse, threaten or harass any person;

 

  1. any content which is seditious, incites violence or incites any other unlawful activity, or any content that would otherwise be contrary to any written law in Malaysia, or that could reasonably give rise to civil or criminal proceedings;

 

  1. any content which improperly discloses confidential information or improperly discloses information that is protected under any written law in Malaysia;

 

  1. any content which is defamatory, discriminatory, or mean-spirited, including any references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or characteristics;

 

  1. any content which constitutes inflammatory religious commentary or inaccurate or misleading quotations of religious texts;

 

  1. any content which encourages the illegal or reckless use of weapons or dangerous objects; or

 

  1. any content which seeks to circumvent or expresses an intention to violate these Terms and Conditions.

 

  1. PERSONAL DATA 

 

  1. We take the privacy of your Personal Data (defined in the Personal Data Protection Policy) seriously. We encourage you to carefully review our Personal Data Protection Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Personal Data Protection Policy is incorporated in and subject to these Terms and Conditions, and available at https://paluts.com/.

 

  1. INTELLECTUAL PROPERTY

 

  1. The App, the Site, the Services, any content on the Services (including content submitted by Users or Service Providers), and the infrastructure used to provide the Services are proprietary to Wataw. By using the Services and accepting these Terms and Conditions, Wataw grants you a limited, personal, non-transferrable, non-exclusive, revocable licence to use the Services pursuant to these Terms and Conditions and to any additional terms and policies set forth by Wataw.

 

  1. The Services contain copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound. Wataw owns the copyright in the layout of the App and the Site, the text of the App and the Site, and all content uploaded onto the App or the Site and all content created in the course of the provision of any Services, including, without limitation, any text, images, audio, video or any content in any other medium or format whatsoever (“Content”), including in the selection, coordination, arrangement, and enhancement of such Content. For the avoidance of doubt, nothing in these Terms and Conditions shall operate to assign any intellectual property belonging to Wataw to you. 

 

  1. Further, for the avoidance of doubt Wataw may modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, at its discretion, inter alia, for the purposes of marketing, training, advertisement, responding to User reports, responding to User reviews and acting on complaints.

 

  1. Subject to the above, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the Content is permitted without the express written consent of Wataw. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make no changes in or deletion of any author attribution, watermark, trademark legend, copyright notice or visible livery.

 

  1. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in an infringement of copyright, trademark, or other intellectual property right that may subject you to civil and/or criminal penalties. 
  2. Wataw owns the “”, the “WATAW” and the “work any time anywhere” trademarks and other marks used in connection with the Site and the App, and all content contained in or published on our social media accounts.

 

  1. Other marks on the Services not owned by Wataw may be under licence from the trademark owner thereof, in which case such licence is for the benefit and use of Wataw unless otherwise stated, or may be the property of their respective owners. You may not use Wataw’s name, logos, trademarks or brands, or trademarks or brands of Service Providers or other third parties on the Services without Wataw’s express permission. 

 

  1. ASSIGNMENT OF COPYRIGHT

 

  1. By posting or making accessible any Content or other information on or through the Services, you hereby assign to Wataw all rights, title and interest in and to that Content. You further acknowledge that you will, where requested by Wataw execute any document and do any act in order to effect the assignment contemplated under this Section 14.1.

 

  1. Where an assignment under Section 14.1 cannot be effected for any reason whatsoever, you grant Wataw a royalty-free, perpetual, irrevocable, fully paid-up, transferable, sublicensable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your licence of any Content or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

 

  1. You also grant Wataw the absolute and unrestricted right to modify, use and publish any still or moving images of the Services being performed, any audio or any testimonial for any promotional, marketing, commercial, or other related purpose, without any payment or compensation.

 

  1. UNSOLICTED MATERIALS 

 

  1. We do not accept or consider, directly or through any Wataw employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them: 

 

  1. Wataw has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and 

 

  1. Wataw will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you. 

 

  1. DISCLAIMER OF WARRANTY 

 

  1. As permitted by applicable law, you expressly agree that use of the Services is at your sole risk. Neither Wataw, nor its subsidiaries or affiliates or any of their respective employees, agents, Service Providers, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that use of the Services will be uninterrupted, secure, virus-free, or error-free, nor do they make any warranty as to:

 

  1. The results that may be obtained from use of the Services; or

 

  1. The accuracy, completeness, or reliability of:

 

  1. The content on the Services or other available features; and

 

  1. Content provided through the Services,

which are made accessible or available on an ‘as is’, ‘where is’ and ‘as available’ basis. 

  1. To the extent allowed by applicable law, Wataw hereby disclaims any and all representations, warranties, and conditions, whether express, implied, or statutory, as to the operation of the Services or the Content or other information contained on the Services or other available features accessible or available through the Services, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing.

 

  1. LIMITATION OF LIABILITY 

 

  1. As permitted by applicable law, in no event shall Wataw, nor its subsidiaries or affiliates or any of their respective employees, agents, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant, be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following: (a) your use of the Services or the Content, including, without limitation, any personal data, and any other information either contained in the Services or Content or submitted by you to the Services; (b) your inability to use the Services; (c) modification or removal of Content submitted on the Services; (d) these Terms and Conditions; or (e) any improper use of information you provide to the Services, including, without limitation, any personal data. In no event will Wataw’s cumulative liability in connection with the Servies exceed the amounts paid for that User’s Services or the amount of Fees paid to a Service Provider, as the case may be, or Ringgit Malaysia One Thousand Only (RM 1,000.00), whichever the lower.

 

  1. PUBLIC NATURE OF YOUR STATEMENTS

 

  1. You understand and agree that all Content made through Services are public and not private. Any other person (whether or not a User or Service Provider) may view your Content without your knowledge. Wataw does not control or endorse any statement, in any medium or format whatsoever, made by Users or Service Providers through the Services, and we specifically disclaim any liability concerning the aforementioned statements. Any Content you post through the Services is not confidential.

 

  1. THIRD-PARTY WEBSITES

 

  1. The Services may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products, or services available on or through any such linked website or resource. 

 

  1. INDEMNIFICATION/RELEASE 

 

  1. You agree to defend, indemnify, and hold harmless Wataw, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: 

 

  1. a breach of these Terms and Conditions or the Agreement;

 

  1. any Content submitted or posted by you, in connection with the Services; 

 

  1. any use of the Services in violation of these Terms and Conditions or the Agreement;

 

  1. any provision of the Services in violation of these Terms and Conditions or the Agreement;

 

  1. fraud you commit or your intentional misconduct or gross negligence; or 

 

  1. your violation of any applicable law or rights of a third party.

 

  1. FORCE MAJEURE 

 

  1. Wataw shall be excused from performance under these Terms and Conditions, to the extent it, a User or a Service Provider is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labour strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Wataw, that User or that Service Provider, as applicable.

 

  1. ELECTRONIC COMMUNICATIONS 

 

  1. When you use the Services or send emails to Wataw, you are communicating with us electronically and consent to receive electronic communications related to your use of the Services. We will communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Services or from which you otherwise email us. 

 

  1. NO ASSIGNMENT OF AGREEMENT

 

  1. You may not assign this Agreement, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Wataw. Any attempted assignment that does not comply with this Agreement shall be null and void. Wataw may assign this Agreement, in whole or in part, to any third party in its sole discretion. 

 

  1. ENTIRE AGREEMENT 

 

  1. The Terms and Conditions, including, without limitation, the incorporated Personal Data Protection Policy, and other terms incorporated by reference, constitute the entire agreement and understanding between you and Wataw with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Wataw with respect to such subject matter.

 

  1. DISPUTES WITH SERVICE PROVIDERS

 

  1. Where: 

 

  1. a User has any bona fide dispute with any Service Provider; or

 

  1. a Service Provider has any bona fide dispute with any User,

 

Wataw has the option, but not the obligation, to conduct an investigation or internal inquiry and the disputing party agrees, where required by Wataw, to furnish such documents, testimony or any supporting evidence as it may reasonably require to fully and fairly assist in such investigations or internal inquiry. If the disputing party does not provide the information, documentation or other evidence requested, Wataw will consider the complaint withdrawn and the dispute abandoned.

 

  1. Wataw shall endeavour to resolve the dispute and the disputing party hereby authorises Wataw to obtain a refund or payment of up to the total Fees received or due to that disputing party, as the case may be. Each disputing party expressly acknowledges that:

 

  1. The results of any investigation or internal inquiry shall be made at the sole and absolute discretion of Wataw; and

 

  1. In no circumstance shall Wataw be obliged to return the whole or any part of the Commission it received as part of the User Payment.

 

  1. Notwithstanding the generality of Section 25.2, if Wataw believes, in its reasonable discretion that any complaint or grievance of any disputing party:

 

  1. Cannot be supported by any articulable facts or evidence;

 

  1. Lacks merit, pursuant to any investigation or internal inquiry;

 

  1. Is, in Wataw’s view, scandalous, frivolous or vexatious; or

 

  1. Otherwise improperly motivated,

 

then, without prejudice to any disputing party’s right to legal redress in any court or tribunal of competent jurisdiction, but subject to Section 20, Wataw may, at its discretion: 

 

  1. take no further action;

 

  1. suspend or terminate the Account of that disputing party; or

 

  1. where appropriate, offer alternative Services to a disputing User, subject to these Terms and Conditions.

 

  1. DISPUTES WITH WATAW

 

  1. Any disputes arising out of or related to the Agreement, these Terms and Conditions and/or any use by you of the Services shall be governed by the laws of Malaysia, without regard to its choice of law rules and without regard to conflicts of laws principles. Wataw and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods (“Vienna Convention”). 

 

  1. You submit to the exclusive jurisdiction of the courts of Malaysia.

 

  1. NO WAIVER AND SEVERABILITY

 

  1. No waiver by either you or Wataw of any breach or default or failure to exercise any right allowed under these Terms and Conditions is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms and Conditions. 

 

  1. If a court or tribunal of competent jurisdiction holds any provision of our Terms and Conditions invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms and Conditions, and the remaining portions of our Terms and Conditions shall continue in full force and effect.

 

  1. The section headings used herein are for convenience only and shall be of no legal force or effect.

 

  1. CONTACT US

 

We may be contacted bybioh emailing at [email protected] or by writing to: 

 

Wataw Sdn. Bhd.

No 18,

Jalan Hillpark 11/8,

Pusat Perdagangan Hillpark,

42300 Bandar Puncak Alam,

Selangor Darul Ehsan,

Malaysia.