Last Revised on September 10th, 2024
Effective September 10th, 2024, XXX (referred to as "the Company," "we," "us," or "our"), is dedicated to delivering services to users globally. These Terms of Use outline the services and software we provide to you, our user.
Welcome to https://my.e-payhub.net/. This document, known as the "Agreement," governs the relationship between you, whether as a user, customer, or agent, and XXX (referred to as "the Company").
1. Acceptance of Terms of Use Agreement
By creating an account on our official website, accessible via a mobile device, app, or computer (collectively referred to as the "Service"), you agree to comply with (i) these Terms of Use (referred to as the "Agreement"), (ii) our Privacy Policy, which is incorporated into this Agreement by reference, and (iii) any additional terms accepted when acquiring extra features, products, or services offered through the Service (collectively referred to as this "Agreement"). If you disagree with any part of this Agreement, please do not use the Service.
We may update this Agreement and modify the Service periodically to meet legal requirements, introduce new functionalities, or adapt to business changes. The latest version of this Agreement will be posted on our official website at https://my.e-payhub.net/ in the relevant section on the homepage. We encourage you to review it regularly. The most current version of the Agreement will govern. If changes significantly impact your rights or obligations, we will notify you at least 30 days in advance (unless otherwise dictated by law) through reasonable methods, such as notifications via the Service or email. Continued use of the Service after such updates indicates your acceptance of the revised Agreement.
2. Eligibility
To create an account or use the Service and its associated systems, you must meet the following criteria: be at least 18 years old, legally capable of entering into a contract with https://my.e-payhub.net/, and not be prohibited from using our services under Malaysian laws or any other applicable legal jurisdiction. Additionally, you must comply with this Agreement and follow all relevant local, state, national, and international laws, regulations, and rules.
3. Your Account
To access and utilize the services provided on our official website, available at https://my.e-payhub.net/, you can log in using the methods available on the site. For details on the data we collect and its usage, please review our Privacy Policy.
You are responsible for maintaining the confidentiality of your login information and for any activities conducted under your account. If you suspect any unauthorized access to your account, please contact us immediately through the official website or by emailing us at [email protected].
4. Service Modifications and Account Termination
Our commitment is to continually enhance the Service and introduce new, beneficial features. Consequently, we may periodically add new functionalities or make improvements, and possibly remove existing ones. If such changes do not substantially affect your rights or obligations, we may not provide prior notice. If we need to temporarily suspend the Service, we will notify you in advance unless immediate safety or security concerns prevent us from doing so.
To deactivate your account, you can follow the instructions under "Settings" within the Service. If your payments are processed through a third-party service like the Apple App Store or Google Play Store, ensure you manage in-app purchases through that platform to avoid further charges. The Company retains the right to terminate your account at any time without prior notice if a breach of this Agreement is determined. No refunds will be issued for purchases made before termination.
Upon closure of your account, this Agreement will terminate, except for Sections 4, 5, and 12 through 19, which will remain in effect for both you and the Company.
5. Safety and Your Interactions with Other Members
The Company is dedicated to fostering a secure and respectful environment by implementing features like double opt-in, ensuring that communication only occurs when there is mutual interest. However, it is important to note that the Company does not bear responsibility for the conduct of any member, whether within the Service or outside of it. It is crucial to exercise discretion when engaging with other members, especially if you decide to communicate outside of the Service or arrange face-to-face meetings. Additionally, you should review and adhere to the Company's Privacy Policy before using the Service. Sharing sensitive financial details, such as credit card or bank account numbers, or transferring money to other members is strictly prohibited.
You hold complete responsibility for your interactions with other members. The Company does not perform background checks or vet its members and makes no guarantees regarding their behavior or compatibility.
6. Rights Granted by the Company
The Company grants you a personal, non-exclusive, worldwide, royalty-free, non-transferable, revocable, and non-sublicensable license to access and use the Service. This license is solely intended for personal use of the Service as envisioned by the Company and permitted by this Agreement. Should you engage in any prohibited actions, your license and access to the Service will be immediately revoked. Prohibited actions include using the Service or any of its content for commercial gain without our explicit written consent, reproducing or modifying copyrighted materials, images, trademarks, trade names, or service marks from the Service without our prior authorization, or implying that your communications are endorsed by the Company.
Furthermore, the use of automated tools such as robots, bots, or scrapers to access or replicate the Service’s content is forbidden. You are also prohibited from disrupting the Service’s operation, uploading any harmful software, or falsifying information. Additionally, manipulating the Service’s headers, embedding the Service within other websites without authorization, or using code to direct users elsewhere is not allowed. You are not permitted to modify, translate, sublicense, or decompile any part of the Service, nor can you create or utilize third-party applications that interact with the Service or its content without our consent. Probing or testing the Service's security or endorsing any activities that violate this Agreement is also prohibited.
The Company retains the right to investigate and pursue legal remedies for any unauthorized or illegal use of the Service, which may include terminating your account. Automatic updates, upgrades, or new features may be installed through the Company’s software, although you may be able to manage these updates via your device settings.
7. Rights You Grant to the Company
8. Community Rules
By accessing and using the Service, you agree to refrain from any activities that are illegal or prohibited by this Agreement. The Service must not be used for harmful or malicious purposes, nor in ways that could cause damage to the Company. You are also expected to comply with our Terms of Use and Privacy Policy, which are subject to updates.
You are prohibited from spamming, soliciting funds from, or defrauding other members. Impersonating others or posting images of individuals without their consent is also forbidden. Additionally, you must not engage in bullying, stalking, intimidation, assault, harassment, mistreatment, or defamation. Posting content that violates anyone's rights, including privacy, copyright, trademark, or any intellectual property or contractual rights, is not permitted.
Content that includes hate speech, threats, sexually explicit material, or pornography is strictly prohibited. You should also avoid posting content that incites violence, contains nudity, or features graphic violence. Promoting racism, bigotry, hatred, or physical harm against any person or group is not allowed.
Soliciting passwords or personal identifying information from other members for commercial or illegal purposes is prohibited, as is distributing someone else's personal information without their consent. Sharing an account, using another member's account, or maintaining multiple accounts is not permitted. If your account is terminated, you are not allowed to create a new one without our permission.
The Company reserves the right to investigate any violations of this Agreement or misuse of the Service, which may result in the termination of your account without a refund for any purchases. This policy applies to actions both on and off the Service. Violating these rules or our Privacy Policy will lead to the automatic revocation of your right to use the Service.
9. Content Posted by Other Members
The Company holds the authority to review and remove Content that does not comply with this Agreement, but the responsibility for such Content lies solely with the member who posted it. The Company cannot guarantee that all Content will adhere to this Agreement. If you come across Content on the Service that you believe violates this Agreement, please report it using the reporting tools available within the Service or via the contact form on our official website at https://my.e-payhub.net/.
10. Purchases
General Information: The Company may provide opportunities to buy products and services ("in-app purchases") through various platforms, including the App Store, Google Play Store, carrier billing, our direct billing system, or other approved payment channels. When making an in-app purchase, you will need to confirm the transaction with your chosen payment provider. Whether using a credit card or a third-party account like the Google Play Store or App Store (referred to as your "Payment Method"), you authorize the Company or the third-party provider to charge the displayed price for the selected service(s), plus any applicable sales or similar taxes.
Refund Policy: Digital purchases made through our website are non-refundable. If a user breaches the Terms of Use, our policies, or any applicable laws, their account may be terminated, and any pending transactions will be canceled without a refund. Fees and transaction commissions already paid are non-refundable, and reimbursement requests for these amounts are not accepted. Refunds are available only in cases of technical issues with the service or errors on our part that prevent the user from receiving the product. To request a refund, users must contact us via the provided email within 14 days of the transaction. Refunds will be processed only if the user is at least 18 years old and will be issued through the same payment method used for the original purchase.
11. Notice and Procedure for Making Claims of Copyright Infringement
If you believe your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request using the designated form.
When submitting a claim, include an electronic or physical signature from the person authorized to act on behalf of the copyright owner. Provide a description of the copyrighted work you believe has been infringed and specify the location of the material on the Service, ensuring the description is clear enough to help us locate the alleged infringing content. Include your contact details, such as address, phone number, and email address, as well as the identity of the copyright owner. Provide a written statement affirming that you have a genuine belief that the use of the content is not authorized by the copyright owner, its agent, or the law. Additionally, include a statement under penalty of perjury asserting that the information in your notice is accurate and that you are either the copyright owner or authorized to act on their behalf.
The Company will terminate the accounts of users who repeatedly infringe copyrights.
12. Disclaimers
The Company provides the Service on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no warranties, whether express, implied, statutory, or otherwise, regarding the Service or its content. This includes, but is not limited to, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that any information or content obtained through the Service will be accurate.
We are not responsible for any content posted, transmitted, or received via the Service by you, other members, or third parties. Any material downloaded or otherwise obtained through the Service is done at your own risk and discretion.
13. Third-Party Services
The Service may feature advertisements, promotions, and links to external websites or resources provided by third parties. We do not control or endorse these external sites and are not responsible for their availability or content. If you choose to interact with third parties linked through our Service, their terms will apply to your interactions. We are not liable for any terms or actions of these third parties.
14. Limitation of Liability
To the fullest extent allowed by law, neither the Company nor our affiliates, employees, licensors, or service providers will be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages. This includes, but is not limited to, loss of profits (direct or indirect), data, use, goodwill, or other intangible losses arising from: (i) your access to, use of, or inability to access or use the Service; (ii) the conduct or content of other members or third parties on or through the Service; or (iii) unauthorized access to, use of, or alteration of your content, even if we have been advised of the possibility of such damages.
Please be aware that some jurisdictions do not permit the exclusion or limitation of certain damages, so the exclusions and limitations described here may not apply to you.
15. Arbitration, Class-Action Waiver, and Jury Waiver
For members not residing in Malaysia and jurisdictions where local law does not permit the following terms:
1. Disputes or claims related to this Agreement or the Service, including any alleged breaches, must be resolved through binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules & Procedures, subject to the modifications detailed in our Arbitration Procedures. The sole exception to this requirement is that either party may file an individual claim in a small claims court with appropriate jurisdiction. If arbitration is initiated, the responding party may request that the claim be moved to small claims court if it falls within its jurisdiction. Such requests must be made before an arbitrator is appointed; otherwise, the arbitrator will decide whether to continue with arbitration or transfer the case to small claims court. Arbitration will generally be based on written submissions, although either party may request an oral hearing. You agree not to participate in any class actions, class arbitrations, or representative actions against the Company, regardless of the forum chosen.
2. By using the Service, you agree to resolve disputes through arbitration, thereby waiving your right to a court trial (except for small claims matters) and to participate in class actions or class proceedings. In disputes outside of small claims court (if not transferred), a neutral arbitrator, rather than a judge or jury, will make decisions. The arbitrator can grant similar relief to what a court might provide and may hold hearings and review evidence. Arbitration is typically simpler and more efficient than court trials. Arbitration decisions can be enforced in court but are overturned only under very limited circumstances. For details on the arbitration process, please refer to our Arbitration Procedures.
3. Actions to enforce this arbitration agreement, including actions to confirm, modify, or vacate an arbitration award, can be filed in any court with appropriate jurisdiction. If this arbitration agreement is found unenforceable, litigation (except for small claims) against the Company must be brought in federal or state courts located in Malaysia. You irrevocably consent to the jurisdiction of these courts for such matters.
16. Governing Law
For users, customers, or agents based in Malaysia or where our arbitration agreement is not legally enforceable, disputes related to this Agreement or the Service will be governed by Malaysian law, excluding its conflict of laws principles. All disputes must be resolved exclusively by the local state courts of Malaysia, applicable to both individuals and corporate entities.
17. Venue
Except for members residing in the EU or European Economic Area, who may bring claims in their residence country as per applicable law, and except for claims that may be appropriately brought in a small claims court with proper jurisdiction, all disputes arising from or related to this Agreement, the Service, or your relationship with the Company that are not subject to arbitration must be resolved exclusively in the state courts of Malaysia. Both you and the Company consent to the personal jurisdiction of these courts and waive any objections based on claims of inconvenient forum.
18. Indemnity