TERMS & CONDITIONS OF USE OF THE GBO MALAYSIA APP

PLEASE READ THE TERMS AS HEREAFTER SET FORTH ("AGREEMENT") CAREFULLY BEFORE ACCESSING BY INSTALLING OR USING THE GBO MALAYSIA APP ("APP") ON YOUR DEVICE ("DEVICE") AND REGISTERING AS A USER OF THE APP. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

 

By clicking "I agreed to the Terms & Conditions and Privacy Policy", you are agreeing to this Agreement, including all the sections setting out additional service-specific terms and conditions.

 

This Agreement is made between Pocket Ventures Sdn Bhd (SSM: 1489994M / 202201044297) ("PV", "us" or "we" as the case may be) and you with respect to your access and use of the App and any functionalities, services or features offered via or in connection with the App, and references in this Agreement to the use of the App extend to the use of such functionalities, services or features as well.

 

You must read in its entirety, agree with, and accept all the terms and conditions contained in this Agreement, as well as any documents incorporated by reference herein, all of which form part of this Agreement, before you use the functionalities, services or features provided on the App ("Services"). For the avoidance of doubt, this Agreement comprises the following parts:

 

PV may introduce and provide new Services from time to time. The terms and conditions governing such Services will supplement, form part of this Agreement and take effect from such time you use the App.

 

We may from time to time update the terms of this Agreement and post the latest version of the Agreement on the App. By continuing to use this App after any such amendment, you agree to be bound by the Agreement as so amended.

 

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE INELIGIBLE TO USE THIS APP, PLEASE UNINSTALL THE APP AND CEASE ANY ACCESS TO OR USE THE APP.

 

1.       General Terms

1.1. Your Use of the App

Subject always to your continuing compliance with the terms of this Agreement, we agree to grant you a revocable, non-transferable, non-exclusive licence to use the App insofar as owned by or licensed through us and only for your own private, non-commercial purposes or internal business purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved.

 

1.2. Without prejudice to the generality of the foregoing, you shall not (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):

 

(a)    modify or adapt the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other app, programmes or other Apps created by you;

 

(b)    disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the App or any components thereof;

 

(c)     communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the App;

 

(d)    use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any Malaysia or foreign law, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority (the "Applicable Laws"), including in infringement of our intellectual property rights or those of any third party in relation to the App;

 

(e)    use the App in a way that could damage, disable, impair or compromise the App and the data contained therein (or the systems or security of the App or any other computer systems or devices used in connection therewith) or interfere with other users or affect the operations or reputation of GBO Malaysia; nor

 

(f)      use any manual or automated process or service to access and/or use the App which may unduly burden or hinder the operation of the App, or to conduct data mining or scraping activities.

 

1.3. You will agree and acknowledge that:

 

(a)    it shall be your sole responsibility to, at your own cost:

 

(i)                  obtain all necessary hardware, software and communications services necessary for your use of the App;

 

(ii)                install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of the App; and

 

(iii)               make back-ups of your data, as the data on the App may be subsequently deleted by us or our service providers at any time without notice to you;

 

(b)    the licences granted herein do not confer on you any rights to use "GBO Malaysia” and any other registered or unregistered logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the App, all of which are and remain the property of PV, its affiliates and respective business partners; and

 

(c)     we shall have the right to:

 

(i)                  automatically update the App and its components on your Device, add or remove functionalities, features or Services (collectively, "App Functions"), vary or impose user account rights, resource limits or fees or suspend or terminate App Functions and/or user rights; and

 

(ii)                deny or restrict access to this App or any App Functions whether to any user or generally, or to block access from or to any resources, at any time, without ascribing any reasons whatsoever; and in any such event, you agree that no claims shall lie against us or our agents or our service providers in connection therewith.

 

1.4. You acknowledge and agree that this App may use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of the App may and also be read or intercepted by others.

 

1.5. This App may use cookies or store other data files on your Device. You consent to the use of such cookies and data files. More information on our use of cookies in the App may be found in the Privacy policy point 2.3.

 

1.6. The App may also use digital certificates. You are solely responsible for deciding whether or not to rely on such certificates and your reliance on any digital certificates is at your sole risk.

 

1.7. You further acknowledge that the App is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the App or the App Functions could lead to or otherwise result in significant financial loss or business interruption.

 

1.8. Location Services

You may need to enable location services on your device to benefit from the automatic selection of your nearest store. If you do not have location services enabled, you will have to select the store manually.

 

1.9. User-Submitted Content

The Services provided through the App may involve user-submitted content. You agree not to upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or violate any Applicable Laws, including without limitation any laws and regulation in relation to the sale or advertising of restricted goods, or any third party rights.

 

2.       Account Creation Eligibility

 

To be eligible for account creation, you must be at least 18 years old. By signing up, you confirm that you meet these eligibility criteria. The online services are not intended to be used by, or targeted to, anyone under the age of 14. You must be at least 14 years old to use the app. If you are at least 14 but not yet 18 years old then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.

If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that Pocket Ventures close any account that you have created.

Members must provide us with accurate and truthful personal data during the sign-up process and update that personal data in our records if it changes, and you agree to provide us with any information or documents, including any proof of identity, which we may reasonably require.

 

3.       Data Privacy

 

By using the App, you agree to the collection, use, and sharing of your personal information as outlined in the Privacy Policy.

 

4.       QR Code Usage

The App may utilize Quick Response (QR) codes to facilitate various functions, including but not limited to capsule machine scanning, account verification, and rewards redemption. By using the App, you acknowledge and agree to the following:

 

4.1. Responsibilities of Users

 

a.       You are solely responsible for maintaining the confidentiality of any QR codes associated with your account.

 

b.       Do not share your QR code with unauthorized individuals. Pocket Ventures Sdn Bhd is not responsible for any unauthorized use of your QR code.

 

4.2. Scanning and Data Collection

 

a.        When scanning QR codes within the App, Pocket Ventures Sdn Bhd  may collect data related to the scanning activity, including but not limited to the time, location, and type of interaction.

 

b.        This data may be used for analytics, improving App functionality, and providing a personalized user experience. Refer to the [Privacy Policy] for more information on data collection and usage.

 

4.3. Prohibited Actions

 

a.        Users are prohibited from tampering with, modifying, or attempting to reverse engineer any QR codes generated by the App.

 

b.        Unauthorized reproduction or distribution of QR codes is strictly prohibited.

 

4.4. Technical Issues

 

a.       Pocket Ventures Sdn Bhd is not liable for any technical issues or errors related to QR code scanning, including but not limited to malfunctions, delays, or inaccuracies.

 

b.       Pocket Ventures Sdn Bhd reserves the right to suspend or terminate the use of QR codes in the App at any time, with or without notice.

 

4.5 Intellectual Property

 

a.        All QR codes, trademarks, and associated intellectual property rights are the property of Pocket Ventures Sdn Bhd. Unauthorized use or reproduction is strictly prohibited.

 

4.6 Compliance with Laws

 

a.        Users agree to use QR codes in compliance with applicable laws and regulations. Any misuse may result in termination of account and legal action.

 

By continuing to use the App and engaging in QR code scanning activities, you affirm that you have read, understood, and agreed to the terms outlined in this "Use of QR Codes and Scanning" clause.

 

5.       Disclaimer of Warranties and Limitation of Liability

 

Pocket Ventures Sdn Bhd is not liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the App.

 

The App (together with any App Functions, Third Party Content or other content or information provided via the App) are provided on an "as is" and "as available" basis. We do not represent or warrant that:

(a)    the operation of the App will at all times be available and/or accessible or be uninterrupted or error-free, or that defects in the App will be corrected;

 

(b)    the App would be of a satisfactory quality, fit for a particular purpose, or would not infringe any third party rights or be compliant with any Applicable Laws,

 

(c)     the accuracy, correctness, reliability, timeliness of the App, the App Functions, and any stored data (including any Third Party Content);

 

(d)    the quality of any products, services, information or other materials purchased or obtained by you through the App will meet your requirements or expectations;

 

(e)    the App and any related computer system is and will be free of all viruses and/or other harmful elements; or

 

(f)      the App is compatible or works with any third party software, applications or third party services.

 

5.1   All representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.

 

6.       Amendments to Terms

 

Pocket Ventures Sdn Bhd reserves the right to amend these Terms and Conditions at any time. Any changes will be effective immediately upon posting. It is the member's responsibility to review the terms regularly.

 

7.       Governing Law

 

These terms are governed by the laws of Malaysia. Any disputes arising from or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Malaysia You irrevocably agree to submit to the exclusive jurisdiction of the courts of Malaysia.

 

By signing up for App’s account, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

 

Pocket Ventures Sdn Bhd

 

Last Updated: 26^th February 2024