S T A R T U P M A L A Y S I A

Terms of Service

The following terms and conditions shall govern your access and use of this website at https://www.startupmalaysia.com and all information, content, products, services and functionality available at or through the website (“Website”). This Website is owned and operated by ManagePay BuyMalaysia Sdn. Bhd., a company incorporated under the laws of Malaysia with its business address at Wisma MPSB, Lot 113, Jalan USJ 21/10, 47630 Subang Jaya, Selangor, Malaysia (“Startup Malaysia”, “we”, “us”, or “our”).

 

The Website may contain terms, conditions, covenants and provisions and content, including, without limitation, text, opinions, photographs, video, audio, graphics, tools, analytics, functionality, products and information (collectively, the “Content”) displayed and/or otherwise contained on the Website which you may access. If at any time you do not agree with the Terms of Use, you shall stop accessing and/or use the Website and the Content. The Website and the Content contained therein is the exclusive property of STARTUP MALAYSIA or its affiliates.

 

Notwithstanding anything in the Terms of Use to the contrary, your rights to use certain material available on or through the Website may be subject to separate written license agreements with STARTUP MALAYSIA. In the event you have signed a separate written license agreement with STARTUP MALAYSIA to access all or any portion of the Website, including any separately entitled sections of the Website, then the written license agreement, rather than these Terms of Use, will govern your use of such Website. In the event of a conflict between your written license agreement and these Terms of Use, the terms and conditions in the written license agreement shall prevail.

1. USE OF THE SITE(S)

STARTUP MALAYSIA grants you a personal, revocable, non-exclusive, non-transferable, limited license to access and use the Website and the Content conditioned upon your compliance with these Terms of Use. The Website and the Content contained therein may be used solely for viewing and ad hoc non-commercial use.

 

You may not license, sublicense, transfer, sell, resell, publish, reproduce and/or otherwise redistribute the Website, including the Content or any component thereof in any manner (including, but not limited to, via or as part of any Internet site). You may not a) use the Content or any portion of the Website as part of any intranet or other internal network; b) create archival or derivative works based on the Content or any portion thereof; or c) modify, reverse-engineer, disassemble, decompile or store any Content or any portion of the Website. You may not use the Website or any Content contained therein, in whole or in part in any manner that either competes or is intended to compete with STARTUP MALAYSIA or its affiliates, including without limitation, any distribution of any Content or a derivative work based thereon. You may not use the Website for any illegal purpose or in any manner inconsistent with these Terms of Use. STARTUP MALAYSIA may discontinue or change the Website and any Content contained therein, or their availability to you, at any time without notice. STARTUP MALAYSIA is not under any obligation to update any Content following publication on the Website. The terms of these Terms of Use will survive any such discontinuation.

2. INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE

All proprietary rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, rights to trade names, service marks and other product and service names and logos) which may be contained within the Website and any and all Content, including, but not limited to, all information, data, ratings and ratings symbology, software, products and documentation contained or included therein, are and shall remain the sole and exclusive property of STARTUP MALAYSIA and its supplier. The Website and any and all Content contained herein is protected by copyright in addition to other intellectual property laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of STARTUP MALAYSIA or others. Nothing contained on the Website shall be construed as granting any license or right to use any of the Marks displayed on the Website unless the express written permission of STARTUP MALAYSIA or a third-party owner of such Marks is obtained. The Website and the Content are compiled, prepared, revised, selected and arranged by STARTUP MALAYSIA and its suppliers through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and the Website and any and all Content constitute valuable intellectual property of STARTUP MALAYSIA and its suppliers. Copying of, use of, access to or distribution of the Website or any Content contained therein in breach of these Terms of Use may cause STARTUP MALAYSIA and/or its suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. Any breach hereof by you may be enforced by STARTUP MALAYSIA or its suppliers by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. Any actual or attempted illegal or unauthorized uses of the Website, the Marks or any Content are strictly prohibited and STARTUP MALAYSIA reserves its rights against such prohibition.

 

STARTUP MALAYSIA does not in any manner warrant or represent that the materials on the Website, including any Content contained therein, are appropriate or available for use for any particular purposes and in any particular location. If you choose to access the Website including any Content therein, you do so on your own initiative and you are responsible for compliance with all applicable laws.

 

NOTE: For your protection, STARTUP MALAYSIA reserves the right to view, monitor, and record activity on the Website in accordance with STARTUP MALAYSIA’s Privacy Notice, to the fullest extent permitted by applicable law. STARTUP MALAYSIA hereby reserves the right to discontinue access to the Website either with or without notice if STARTUP MALAYSIA has a reasonable basis to believe that a User is accessing or using any Content in violation of these Terms of Use, in addition to any other available rights and remedies.

 3.   ANTI-HACKING PROVISIONS

You expressly agree not to:

  • use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data-mining,” “computer code” or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any Content found on or accessed through the Website, or any User Content without the prior express written consent of STARTUP MALAYSIA;
  • obtain or attempt to obtain through any means any Content on the Website that has not been intentionally made publicly available, either by their public display on a Site or through their accessibility by a visible link on the Website;
  • violate any measure employed to limit or prevent access to the Website or the Content;
  • violate the security of the Website or attempt to gain unauthorized access to the Website, the Content, or data, materials, information, computer systems or networks connected to any STARTUP MALAYSIA server, through hacking, password mining or any other means;
  • interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any Content prior to the time that it is intended to be available to the public on the Website;
  • take or attempt any action that, in the sole discretion of STARTUP MALAYSIA, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the STARTUP MALAYSIA infrastructure;
  • misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

4.    DISCLAIMER AND LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE (AND OUR AFFILIATES, LICENSORS, SUPPLIERS AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES REGARDLESS OF THE NATURE OF THE ACTION, ARISING DIRECTLY OR INDIRECTLY, FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE YOUR USE OF WEBSITE. THESE LIMITATIONS SHALL WEBSITELY TO THE FULLEST EXTENT PERMITTED BY LAW. BY ACCESSING OR USING WEBSITE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE US, AND OUR DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF WEBSITE.

5.  LINKS TO OTHER WEB SITES FROM THIS WEBSITE

You may, through hypertext or other computer links, gain access to web sites operated by persons other than STARTUP MALAYSIA. Such hyperlinks are provided for your reference and convenience only and are the exclusive responsibility of the owners of each such web site. You agree that STARTUP MALAYSIA is not responsible for the content or operation of such web sites, and that STARTUP MALAYSIA shall have no liability to you or any other person or entity for the use of third-party web sites. Except as described below, a hyperlink from the Website to another web site does not imply or mean that STARTUP MALAYSIA endorses the content on such web site or the operator or operations of such web site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the Website.

 

As you browse through the Website you may access other web sites that are subject to different terms of use. When you use those other web sites, you may be legally bound by the specific terms of use posted on such web sites. If there is a conflict between these Terms of Use and other terms of use of such web sites, the terms of use of such web sites will govern with respect to your use of such web sites.

6.  USER CONTENT

The User grants to STARTUP MALAYSIA a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon and otherwise exploit all material posted to or received through the Website by, from or on behalf of the User or anyone else using the User’s account (other than third party material transmitted through private electronic mail) (“User Content”) (including, without limitation, any names, voices, likenesses, performances and actions contained therein) for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in STARTUP MALAYSIA’s discretion without notice, approval, attribution or consideration to you or to any other person or entity.  You represent and warrant that you have all rights necessary to grant the foregoing license, that neither the permission nor consent of any other person or entity is required to enable STARTUP MALAYSIA to legally use the User Content in accordance with this license;  that all User Content provided to the Website by you or anyone else using your account complies with all applicable laws, rules and regulations; and that STARTUP MALAYSIA’s use of the User Content in accordance with this license will not violate or infringe upon the rights of any person or entity.

 

Users entering material into the Website are responsible for the content of that material. STARTUP MALAYSIA does not have any responsibility for User Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from a Site.  However, STARTUP MALAYSIA retains the right, to review, edit or delete User Content that STARTUP MALAYSIA deems to be illegal, offensive or otherwise inappropriate.

 

You may not input or distribute any material through the Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of STARTUP MALAYSIA.

7.   PRIVACY NOTICE

Privacy Notice

ManagePay Systems Berhad and its affiliates (collectively or individually, where applicable, referred to as “STARTUP MALAYSIA“, “we“, “us“, or “our“) value your privacy and we are committed to protecting all personal information kept by us in accordance with the relevant laws (including the Personal Data Protection Act, 2010), this Privacy Notice and our Terms of Use.

The following terms and conditions (“Privacy Notice”) shall govern your access and use of our website https://www.startupmalaysia.my and all information, content, products, services and functionality available at or through our website (“Website”). This Website is owned and operated by us, a company incorporated under the laws of Malaysia with its business address at Wisma MPSB, Lot 113, Jalan USJ 21/10, 47630 Subang Jaya, Selangor, Malaysia.

For the avoidance of doubt, unless the context requires otherwise, the words used in this Privacy Notice shall have the same meanings as stipulated in the Terms of Use.

By using our Website, you agree to this Privacy Notice and you will be deemed to have consented to the collection, use and disclosure of your personal information in accordance with this Privacy Notice. You also agree to obtain consent from your customers, employees, agents and affiliates (“Representatives”) for the use and access of their personal data by us and other third parties.

 

What is this Policy about?

This Privacy Policy (“Policy”) explains who we are, how we collect, share and use personal data about you and/or your Representatives, and how you and/or your Representatives can exercise your privacy rights. This Policy applies to interactions we have with you via our Website and other products and services including to register as a merchant, where you otherwise contact us and where we otherwise display or link to this Policy (“Services”). You may also have certain rights with respect to your personal data under the applicable laws in Malaysia. Third parties that link from or to our Services, or from whom we collect personal data may have their own privacy policies and practices. Please review their policies to learn more about their practices. For more information about STARTUP MALAYSIA, please see the “About Us” section of our Website.

 

What personal information does STARTUP MALAYSIA collect and why?

The information that we collect from or about you – some of which is personal data under applicable data protection laws – falls into the following broad categories:

 

A.   Information that you provide to us

As part of our Services, you may provide certain information to us, which shall include:

  • Personal information from you or information of your company, available upon your access or use of our Website, and any other information which you directly give us through this Website (including, but not limited to User Content that you send through this Website).
  • Information about your interactions with this Website.
  • Information, if any, necessary to complete a transaction through this Website.
  • Information from written communications when you provide us feedback and correspondence, or you contact us.

 

B.   Information that we collect from you automatically

For example:

  • Information from you, including your web browser type, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, user profiles, and/or a date/time stamp for your visit, and, with respect to your mobile phone, the unique device identifier.
  • Information from third party service providers, with your consent, which may include your profile content or other types of personally identifiable information.
  • Information from corresponding technologies used in connection with mobile phones, including the Android ID, to record date, time, search and viewing information related to your mobile phone.
  • Information about how you use and interact with this Website.

 

C.   Information that we obtain from other sources

We may receive personal information about you from other sources. Where you register as a user, we may endeavour to check that these third parties have your consent or are otherwise legally permitted or required to disclose your personal information to us.

 

How does STARTUP MALAYSIA use my personal data?

For general use. In addition to the purposes stated above, we may use your personal data either to respond to requests that you make, or to aid us in serving you better, whether or not through technological means, for one or more of the following purposes:

  • to provide you the access to this Website;
  • to identify you as a user in our system;
  • to provide improved administration of our Website;
  • to develop and update our services;
  • to notify visitors about updates to our Website;
  • to promote our Website; or products, services and special offers of third parties whose products and services we think may be of interest to you;
  • to improve and customize the quality of experience when you interact with our Website;
  • to send you administrative e-mail responses or notifications, such as security or support and maintenance advisories;
  • to respond to your inquiries related to our products as stated on the Website or other requests;
  • to send offers and promotional materials related to our Website and for other marketing purposes;
  • to improve and customize the quality of experience when you interact with this Website, and this Website;
  • for the purposes of enforcing or defending our legal rights and/or obtaining legal advice;
  • to assist in the prevention, detection or investigation of crime or possible criminal activities or for the administration of justice;
  • for security and internal audit purposes;
  • for such other purposes as may be directed or consented to by you; and
  • for all other purposes in relation to or incidental to the above.

 

What is our legal basis for processing personal information?

Generally, we collect personal data from you where: we have your consent to do so; we need your personal data and company information to perform a contract with you (for example, to register as a merchant with us) where permitted under applicable data protection laws.

The legal basis for the processing of your data can be:

  • your consent;
  • our legitimate interest, which can be:
    improvement of our products and services: more specifically, our business interests to help us better understand your needs and expectations and therefore improve our services, websites, products for our customers’ benefit;
  • securing our tools: to keep tools used by you (our websites/apps/devices) safe and secure and to ensure they are working properly and are continually improving;
  • the performance of a contract: more specifically to perform the services you request from us;
  • legal grounds where a processing is required by law.

 

Disclosure to Third Party

Your personal data may be disclosed and transferred amongst our holding companies, affiliates, subsidiaries, associate companies and jointly controlled entities, and in doing so we will comply will all applicable laws and regulations.

 

Use of Cookies

The Website uses “cookies” to identify a user’s session on the Website and thereby offers continuity as the member moves around the site. Cookies are only used on the Website to store non-critical data. Cookies are pieces of information that websites transfer to your computer’s hard drive for record-keeping purposes. Cookies allow websites to maintain user information across connections. They are small strings of characters used by many websites to deliver data to your computer, and in certain circumstances, return the information to the website. Cookies contain only information that members volunteer, and they do not have the capability of infiltrating a user’s hard drive and stealing personal information. The simple function of a cookie is that of helping the user navigate a website with as little obstruction as possible.

 

How does STARTUP MALAYSIA keep my personal data secure?

Personal data is our asset and therefore we place great importance in ensuring the security of your personal information. We regularly review and implement up to date technical and organizational security measures when processing your personal data. In processing your personal data, we will take practical and reasonable steps to protect the personal data from any loss, misuse, modification, unauthorized or accidental disclosure, alteration or destruction.

We will notify you about any security incident involving your personal data through email, correspondence, telephone, push notification or other means.

 

For how long does STARTUP MALAYSIA retain personal data?

We will retain your personal data in compliance with the applicable laws of Malaysia, this Privacy Notice and the terms and conditions of your agreement(s) with STARTUP MALAYSIA for the duration of your relationship with us, for such period as may be necessary for the fulfilment of its purpose and/ or for the purpose of protecting the interests of STARTUP MALAYSIA and/or its customers as may be deemed necessary, where otherwise required by the law and/or where required by STARTUP MALAYSIA’s relevant policies.

When your personal data is no longer needed, we will take all reasonable steps to ensure that all the personal data is destroyed or deleted.

 

What is your data protection rights?

You have the right:

  • to access to your personal data that is processed by us with reasonable notice.
  • request the correction of your personal data that is held by us with reasonable notice. You request for correction and/or update of your personal data that is inaccurate, incomplete or out-of-date.
  • To limit our processing of your personal data by expressly withdrawing your consent given previously in full, including for direct marketing purposes, or using the information for scientific or historical research purposes or statistical purposes.
  • not to be subject to a decision based on solely automated processing and to have safeguards put in place if you are being profiled based on your personal information.
  • to opt-out of marketing and promotional e-mails we send you at any time. You can exercise this right by clicking on the “unsubscribe” link in the marketing e-mails we send you.
  • not to be discriminated against for exercising any of the above rights.
  • to make inquiries or complaint regarding personal data, you may contact the relevant department as follows:-

Attention        : DEEP Management
Address          : Lot 101 Wisma MPSB, Jalan USJ 21/10, 47630 Subang Jaya, Selangor.
Contact No.    : 03-80231880
Email                : enquiry@startupmalaysia.com

 

Changes to Privacy Notice

We may review and update the Privacy Notice from time to time to reflect changes in the laws, in our business practices, procedures and structure.

The latest version of the Privacy Notice will be made available on this Website. Where we consider, at our sole discretion, that the revisions made on the Privacy Notice are substantive, and where appropriate, will notify you of such changes by e-mail.

If you do not agree to the changes in our use of your Personal Information, you must notify us immediately and stop accessing and using this Website. Continued use of our Website, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Disclaimer

The accuracy and completeness of your personal data depends on the information you provide. We assume that the information you have provided is accurate, up to date and complete unless you inform us otherwise.

8.   ADDITIONAL LEGAL TERMS

These Terms of Use constitute the entire agreement between the parties relating to the Website and supersedes any and all other agreements, oral or in writing, with respect to such Website. The failure of STARTUP MALAYSIA to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. To the fullest extent permitted by law, you shall indemnify, hold harmless and defend STARTUP MALAYSIA and its suppliers from and against any and all costs, claims, damages or liabilities (including reasonable legal fees and court costs) arising out of any breach by you. These Terms of Use are personal to you, and you may not assign your rights or obligations to anyone. If any term or condition hereof is found by a court or jurisdiction to be invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant term shall be deemed deleted and the remaining terms and conditions hereof shall remain in full force and effect and shall be enforceable to the maximum extent permitted by law. These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by the laws of Malaysia. The parties agree to submit to the jurisdiction of the courts in Malaysia for any dispute arising out of these Terms of Use. 

9. CHANGES TO TERMS OF USE

STARTUP MALAYSIA may change these Terms of Use at any time without notice. Changes will be posted on the Website under “Terms of Use”. Your access and use of the Website after any changes have been posted will constitute your agreement to the modified Terms of Use and any changes. Therefore, you should read these Terms of Use from time to time to be aware of any such changes.

10. HOW TO CONTACT US

If you have any questions or concerns about these Terms of Use, please contact STARTUP MALAYSIA at enquiry@startupmalaysia.com. 

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