Powerbee App Terms & Conditions
The terms and conditions herein (“T&C”) govern each user’s (“You/Your”) usage of Powerbee mobile application and its facilities, features, services and technologies (“App”) operated and maintained by Powerbee Sdn Bhd (“Powerbee”).
By signing up an account, You hereby agree to the T&C as set out below for using and accessing to the App. If You do not agree with the T&C below, You are advised to discontinue signing up for the App.
The information, material, functions and content provided in the App may be changed from time to time with or without notice at Powerbee’s sole discretion. Your continued access or use of the App, as well as the services provided in the App subsequent to any such changes will be deemed as Your acceptance to those changes.
This App may be used and accessed by You as an individual or as a representative of a business entity. This App is available only to individuals of the age of majority who has the capacity to form legally binding contracts under applicable laws. By using the App, You represent that You have satisfied this requirement.
Upon signing up an account, You are solely responsible for maintaining the confidentiality of Your account information, including but not limited to, username and password. You are also responsible for any activities that occur under or in relation to Your account or which result from accessing or using the App with Your account.
You are solely responsible for Your own transmissions.
Disclaimer
The materials and information in the App, including but not limited to, services, products, information, data, text, graphics, audio, video, links or other items, are provided by Powerbee on an “as-is” and “as available” basis. References to material and information contained in the App also include such material and information provided by third-parties.
Powerbee does not make any express or implied warranties, representations or endorsements, including but not limited to, any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the App, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions.
Furthermore, Powerbee does not warrant or represent that while accessing to the App, the materials, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that the App will meet all of Your requirements or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to Your mobile device.
The materials, information and functions provided in the App shall not be considered or construed as an offer or solicitation to sell, buy, give, take, issue, allot or transfer, or as the giving of any advice in respect of shares, stocks, bonds, notes, interests, unit trusts, mutual funds or other securities, investments, loans, advances, credits or deposits in any jurisdiction.
Indemnity
You hereby irrevocably agree to indemnify, defend, hold harmless and keep indemnified Powerbee and its officers, directors, employees, agents, licensors, suppliers and any third-party information providers from and against all liabilities, claims, losses, expenses, damages and costs including any legal fees that may be incurred by Powerbee in connection with or arising from:
- Your use or misuse of the App and the services provided herein, including but not limited to, negligence and/or wrongful misconduct; or
- Your breach of the T&C howsoever occasioned; or
- any intellectual property rights or proprietary rights infringement claim made by a third-party against Powerbee arising out of or in connection with Your use of the App.
Intellectual Property
Despite Powerbee’s permission for You to use the App, Powerbee retains all intellectual property rights that it has in the App. Some of the contents in the App constitute Powerbee’s services which will be provided to You to upload, submit, store, send, receive or share Your content. You have no obligation to provide any content but You have the right to choose the content which You wish to provide.
In the event Powerbee reasonably believes that any of Your content breaches the T&C, violates any applicable law, or harms other users and/or third-parties, including but not limited to, pornography, violence related content, religious related content and content that infringes other individual’s or business entities’ intellectual property rights, Powerbee reserves the right to remove such content from the App.
Third-Party Links and Ads
The App may contain links to third-party websites and services, and/or display advertisements for third-parties. The third-party links and advertisements from or to any websites outside of the App are meant for convenience only and are owned and operated by such third-party(ies). Thus, they are not under the control of Powerbee. Powerbee shall not bear the responsibility and make warranties pertaining to such links and advertisements. In addition, the pop-up links and advertisements in the App shall not be considered reviewed, approved, monitored, endorsed, warranted or represented by Powerbee. You hereby understand that it is Your sole risk to link any websites or advertisements to other site and Powerbee will not be responsible or liable for any damages arising out of such conduct. It is advised to You that You should read and understand the privacy policy of other websites which are linked to the App.
Term and Termination
Powerbee may suspend or terminate Your rights to use or access to the App at any time for any reason whatsoever, at Powerbee’s sole discretion. Powerbee may also terminate and/or suspend Your access in the event You violate any T&C herein, or violate the rights of Powerbee, of any other user(s), or of any third-party. Upon termination of Your rights under this term, Your account and right to access and use the App will be terminated immediately. You hereby understand that any such termination may involve removal of Your content associated with Your account from Powerbee’s database. Powerbee will not bear any liability for any termination of Your rights hereunder.
General
The T&C is subject to revision from time to time. If Powerbee makes any substantial changes, You may be notified via e-mail which You have provided to Powerbee and/or via a notice which may be posted on the App. Hence, it is advised to You to provide Powerbee Your latest e-mail address. In the event the last e-mail address You have provided is not valid, Powerbee’s dispatch of the e-mail containing the notice will nonetheless constitute effective notice of the changes as described in the notice.
Any changes to the T&C will be effective upon the earliest of thirty (30) calendar days following Powerbee’s dispatch of an e-mail notice or thirty (30) days following Powerbee’s posting of notice on the App. Continuance usage of the App following such notice shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Governing Law and Disputes Resolution
By using this App, You agree that the T&C is governed by the laws of Malaysia, without any regards to principle of conflict laws. Any dispute(s) pertaining to Your use of this App or to any products and/or services You purchased in the App shall be arbitrated through the Asian International Arbitration Centre (AIAC), an established alternative dispute resolution provider which offers arbitration services. The arbitration shall be conducted by a single and neutral arbitrator. Unless as agreed otherwise, all arbitration proceedings shall be held in English language.
Before either party may seek arbitration, the party must first provide a written notice of dispute to the other party, describing the nature and basis of the claim or dispute, as well as the requested relief. If such notice is to be sent to Powerbee, it shall be sent to: L1-01, Pacific 63 @ PJ Centre, No. 5, Jalan 13/6, Seksyen 13, 46200 Petaling Jaya, Selangor, Malaysia. If both parties fail to resolve the claim or dispute informally within thirty (30) days upon the receipt of the notice, either party may initiate an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the arbitration award to which either party is entitled.
All aspects of the arbitration proceeding shall be strictly confidential. You and Powerbee hereby agree to maintain such confidentiality unless otherwise required by applicable law. This paragraph shall not prevent a party from submitting any information to a court of law in order to enforce these terms and conditions, to enforce an arbitration award or to seek an injunctive or equitable relief.
Severability
If any of the T&C is found to be invalid or unenforceable under the law, such specific T&C shall not have any legal effects and enforceability and the remainder of the T&C herein shall continue to be in full force and effect.
Miscellaneous
For contractual purposes, You consent to receive communications from Powerbee in an electronic form and agree that all the terms and conditions, agreements, notices, disclosures and other communications that Powerbee provides to You electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
The T&C constitutes the entire agreement between You and Powerbee in relation to the use of the App. Powerbee’s failure to exercise or enforce any right or provision of such T&C shall not be operated as a waiver of such right or provision. The section titles herein are for convenience only and do not have any legal or contractual effect. If any provision is held to be invalid or unenforceable, the other provisions will be unimpaired and such invalid or unenforceable provision will be deemed modified to make it valid and enforceable to the maximum extent as permitted by law.
Your relationship with Powerbee shall be that of an independent contractor and neither party shall be an agent or partner of the other. Furthermore, the T&C, Your rights and obligations herein, may not be assigned, subcontracted, delegated or otherwise transferred by You without Powerbee’s prior written consent. Any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be treated as null and void. Powerbee may freely assign the T&C and the same shall be binding upon the assignees.