1. Introduction

    UPDATED AND EFFECTIVE AS OF November 9, 2021

    1. Welcome to the KALEOZ website https://kaleoz.com/ (“KALEOZ” or “Site”) and/or KALEOZ mobile apps (“App”) (if applicable) (collectively, the “Platform”). KALEOZ is an online marketplace to facilitate users to offer, request, buy, and/or sell digital products.

    2. This User Agreement (“Agreement”) govern your rights and obligations, as users of the platform administered and managed by SEA GAMER MALL SDN BHD (COMPANY REGISTRATION NO. 201201016057 (1001568-K)) and its subsidiaries and affiliates (individually and collectively, “SEAGM”, “WE”, “US” or “OUR”). Unless otherwise provided by SEAGM, all new platforms introduced and managed by SEAGM in respect of providing these services shall be governed by this User Agreement.

    3. By registering an account and accessing any of the Platform, you acknowledge and accept that your usage of the Platform (or any of them) shall be governed by this Agreement and any other specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by us at any time or from time-time-time at its absolute discretion. Your acceptance of this Agreement shall constitute a legally binding agreement SEAGM and you as the user.

    4. We may amend, modify or update this Agreement from time-to-time. Any change we made to this Agreement in the future will be published and posted on the Platform and, where appropriate, notified to you by email, whereupon your continued access to the Platform and/or use of any of the our sites, services, applications and tools (collectively “Services”) shall constitute your acknowledgment, acceptance, and agreement of the changes we make to this Agreement. Please check back frequently to see any updates or changes to this Agreement.

  2. Definitions

    In this Agreement, the following words and expression shall have the following meanings unless the context otherwise requires:

    1. Account

      Account: means your account duly registered to facilitate you using the Services available on the Platform (or any of them);

    2. Agreement

      Agreement: means this agreement governing the use of the Services by you as may be amended at any time and from time-to-time as and when SEAGM shall in its absolute discretion deems necessary and shall include: (i) any rules, procedures, terms and conditions for products, services or facilities, as determined by SEAGM from time-to-time; and (ii) any documents, directives, correspondence and agreements referred to in this Agreement and forming a part hereof, together with any amendments made at any time or from time-to-time to any of the foregoing;

    3. Buyer

      Buyer: means the person who purchases items on the Platform;

    4. Content

      Content: means all information, linked pages features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, tools, application services (including limitation, any mobile application services) or other materials made available on or through the Platform or its related services;

    5. Intellectual Property

      Intellectual Property: means all copyrights, trademarks, service marks, brand names, logos, copyrighted information and other intellectual properties belong to the corresponding owners/ publishers/ developers and/or SEAGM, respectively;

    6. Legal Age

      Legal Age: means the legal age capable of giving consent hereunder pursuant to the applicable laws in your jurisdiction;

    7. Parties

      Parties: means collectively, SEAGM and you and “Party” shall mean any of them;

    8. Platform

      Platform: means collectively, the web Platform presently known as KALEOZ.com, and/or any other platform providing such Services administered and managed by SEAGM;

    9. Registered User

      Registered User: means a User duly registered on the Site;

    10. Seller

      Seller: means the person registered with KALEOZ who displays, list or offers any items for sale through or on the Platform;

    11. Service(s)

      Service(s): means (a) the Platform; (b) the services provided on the Platform and client software made available through the Platform; and (c) the Content;

    12. Submission

      Submission: means any material, information or idea you provided to us by any means;

    13. User

      User: means any person who accesses the Site for whatever purpose, regardless of whether said User has registered with KALEOZ as a registered User. A User includes any person using this Site and any legal entity which may be represented by such person under actual or apparent authority;

    14. User Name

      User Name: means the user alias given to each Registered User;

    15. Transaction Risks

      Transaction Risks: means the risks assumed by Users when using the Platform or conducting transactions on or through the Platform. Transaction Risks include risks of liability or harm of any kind in connection with using the Site. Such risks shall include, but are not limited to:

      1. Misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, and breach of contract.

      2. Risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Intellectual Property rights, and the risk that Users may incur costs of defense or other costs in connection with third parties' assertion of such rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands, or claims.

      3. Risks that consumers, other purchasers, end-users of products, or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products.

  3. Licence to Use

    In consideration of you agreeing to this Agreement and your continuing observance and compliance of this Agreement, SEAGM hereby grants you a non-exclusive, non-transferable licence to access the Platform and use the Services upon the terms and subject to the conditions stated herein.

  4. Representations and Warranties

    Each time when you access the Platform (or any of them), you irrevocably and unconditionally represent and warrant that you are of Legal Age. Should you be below the Legal Age, you must get permission from a parent or legal guardian to register an Account and that parent or legal guardian must agree and have consented to this Agreement on your behalf.

    1. Your personal information and the documentation submitted in this respect, including, without limitation, your full name, telephone number, correspondence address and email address, are true and accurate. You shall forthwith notify us in writing of any changes in your personal information; and

    2. You shall keep the password to the Account secure and confidential. You shall not at any time and under any circumstances reveal or disclose your password to the Account to any unauthorized party and shall take all steps to prevent the disclosure of the password to the Account to any unauthorized party.

    You shall not, and agree and undertake to us not to:

    1. Use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

    2. Directly or indirectly, use the Services for any commercial purposes, save as otherwise permitted by SEAGM or the Site;

    3. Use the Platform or the Services (of any of them) to conduct any fraudulent, immoral or illegal activities or such activities that may infringe the intellectual property rights of third parties or obtain any advance, benefit or secret profit from any third party;

    4. Copy, reproduce or download any Content for the purpose of re-selling or re-distributing the same and/or operating a business that competes directly or indirectly with KALEOZ, or otherwise commercially exploiting any Content;

    5. Take any action that may undermine or may undermine the feedback or ratings system;

    6. Be disruptive, be offensive or be a nuisance in any manner whatsoever to other users of the Platform or the employees of SEAGM;

    7. Attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;

    8. Harvest or collect any information about or regarding other Account holders, including, without limitation, any personal or business information;

    9. Upload, email, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ‘junk mails’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other unauthorized form of solicitation;

    10. Upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

    11. Interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

    12. Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden or impair the Services or the servers or networks connected to the Services;

    13. Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, regulation, code, directive, guideline or policy including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-fraud, anti-money laundering, counter-terrorism, unlawful proceeds and anti-corruption;

    14. Use the Services in violation of or to circumvent any sanctions or embargo administered or laws enforced; and

    15. Directly or indirectly recruit and/or poach any customers obtained from the usage of the Platform.

  5. User ID

    1. In order to access and enjoy full functions and features of the Platform and/or Services, you may be required to create and register for an account by providing certain personal information. You hereby acknowledge and agree that we may conduct credit checks on you including but not limited to checking with registered credit bureau or reporting agency(ies) for purpose of accessing your credit worthiness and you agree to execute all consent form(s) or to provide additional document(s) necessary for such credit check(s) if so required by SEAGM. The approval for registration for an Account as a User, Buyer and/or Seller on our Platform shall be determined at our absolute discretion.

    2. A User Name will be provided to you, where you will be entitled to set the password and/or security code for your Account subject always to certain requirements as may be then notified. In registering an Account, you agree to provide accurate, current, and complete information about yourself, and to update that information if it changes; if you don’t we have the right to close your Account and any web pages and/or other pages and/or reports created under your Account with SEAGM. If we rely on the contents of your application and accept you to use our Services, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted by us to you. If you select a User Name that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your Account.

  6. Use of KALEOZ

    1. You shall procure, at your own costs and expenses, the requisite equipment and software to connect and access the Platform and the ensuing use of the Services. You shall bear all charges and fees imposed by third parties in relation to and in connection with you connecting your equipment to the Platform (or any of them).

    2. It is your primary responsibility to ensure that you are acquainted with the guidelines and procedures for the use of the Services that we may issue from time-to-time. We shall not be liable for any errors, losses or damages caused by your use of the Services.

    3. It is your responsibility to secure the information of your Account. Any notification or confirmation received by us from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such notification or confirmation.

    4. We shall not be liable for acting on the notification or confirmation sent through your Account. We shall not be obliged to investigate the authenticity or authority of persons effecting the notification or confirmation or verify the completeness of such notification or confirmation. Such notification or confirmation shall be deemed irrevocable and binding on you upon receipt by us notwithstanding any error, fraud, forgery and lack of clarity or misunderstanding in respect of the terms of such notification or confirmation. You shall immediately notify us upon receipt of incomplete, garbled or inaccurate data or information from us or the Site. You shall also immediately notify us upon receipt of any data or information which is not intended for you and you shall delete such data or information from your Account.

    5. We may at any time or from time-to-time sub-contract and/or appoint our subsidiaries, affiliates, related entities and/or any third party service provider(s) to operate the Platform and/or to provide the Services and/or part thereof on our behalf at our absolute discretion. We shall have the rights to delegate, transfer, assign or novate, in whole or in part, our rights, benefit or obligations to our subsidiaries, affiliates, related entities or appointed third party service provider(s) without your consent and without notice to you.

    6. You irrevocably and unconditionally allow and permit us to send to your Account updates on services and events offered or provided by SEAGM and/or KALEOZ.

    7. Third party links may be provided throughout the Platform. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. We are in no manner responsible for the contents of any such linked sit or any link contained within a linked site, including any changes or updates to such sites. We provide these links merely as a convenience, and then inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.

    8. You acknowledge that by accessing or using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the fullest extent permitted by applicable law, under no circumstances shall we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform.

    9. You acknowledge that you have read KALEOZ’ Privacy Policy, which governs the protection and use of each User's information in our possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that we may change the Privacy Policy from time-to-time, with or without notice to you, and shall make available the updated version of the Privacy Policy on the Site at all times. Your continued use of the Site shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the time of such use.

  7. Availability of KALEOZ

    1. We may release certain Services or their features in a beta or trial version, which may not work correctly in the same way the final version may work, and we shall not be liable in such instances.

    2. We may from time-to-time require verification of your identity to confirm your ownership of your Account. This verification process is required for purposes including but not limited to: (i) fulfilling our obligations to the relevant authorities to combat against suspicious or unlawful activities, anti-money laundering activities and the funding of terrorism; (ii) enabling us to take action when unauthorized usage of Accounts have been detected; and (iii) resolving any disputes relating to the ownership of an Account.

    3. You hereby irrevocably authorize us, whether acting on its own or through its third party service providers, to make any inquiries and to collect any documentation that it considers necessary to verify your identity. As part of this verification process, we shall request, and you shall provide to us, information about yourself that is true, accurate, current and complete, and which can be verified through documentation that is legally recognized and accepted in the location in which such documentation is issued.

    4. We reserve the right to change, modify, suspend or discontinue all or any part of the Platform and/or Services at any time or upon notice as required by applicable laws. We may also impose limits on certain features or restrict your access to parts of, or the entire Platform and/or Services in our sole discretion and without notice and any liability to you.

    5. For enhancement and improvement purposes, we may from time-to-time conduct software evaluation to assess the performance level of the Platform and/or Services. You hereby irrevocably grant to and authorize us to conduct periodical review on your Account, including but not limited to assessing the activities and/or transactions carried out by you on the Platform or via your Account.

    6. In addition to and not in derogation of the terms below, if you do not utilize the Services for a continuous period of twelve (12) months, we may, at our absolute discretion, charge a fee for the maintenance of your Account.

  8. Listing, Selling, and Buying on KALEOZ

    1. All listings on KALEOZ must be for sale. By listing an item, you warrant that you and all aspects of the item comply with this Agreement, or any other policies or regulations implemented from time-to-time. You also warrant that you have full rights to sell the item, and that such selling will not violate any legal or contractual obligations to which you may be subject. You must accurately describe your item and all terms of sale, and you shall maintain and promptly amend all information to keep it true, accurate, current, and complete. Your items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item(s) for sale in that listing.

    2. Each User hereby represents, warrants, and agrees that it has obtained all necessary third party copyright, trademark, trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to KALEOZ or authorizes KALEOZ to display. Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to KALEOZ or authorizes KALEOZ to display does not, and that the products represented thereby do not violate any Intellectual Property rights, or is posted with the permission of the owner(s) of such rights.

    3. Each User hereby grants a non-exclusive, irrevocable, perpetual, worldwide and royalty–free, sub–licensable (through multiple tiers), assignable license to us and our affiliates to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the rights you have in such material or information, including, but not limited to, copyright, publicity, and database rights, in any media now known or not currently known.

    4. As part of the transaction, you may obtain personal information, including email address, from another User. Without obtaining prior permission from the other User, this personal information shall only be used for that transaction or for KALEOZ-related communications. We do not grant you the license to use the information for unsolicited commercial messages or unauthorized transactions.

    5. We reserve the right in our sole and absolute discretion to remove any material displayed on the Site, including material which we believe in our sole and absolute discretion is unlawful, could subject us to liability, violates this Agreement, or is otherwise deemed inappropriate as determined by us.

    6. We reserve the right to cooperate fully with governmental authorities, private investigators, and/or third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, we may disclose the identity and contact information of any User if requested to do so by a government or law enforcement body, a third party, a subpoena, or any other legal action, and we shall not be liable for damages or any other consequences thereof. User further agrees that it will not bring any action or claim against us for such disclosure. In connection with any of the foregoing, we may suspend or terminate the Account of any User as we deem appropriate in our sole and absolute discretion. User agrees that we shall have no liability to User, including liability for consequential or any other damages, in the event we take any of the actions mentioned, and the User agrees to bear all risks associated with the same.

    7. No sales-agency relationship is created between any User and us, its affiliates, directors, officers or employees by virtue of KALEOZ' display of any of the User's information on the Site.

    8. Each User hereby represents, warrants and agrees that information submitted to KALEOZ for display on the Site shall not:

      1. Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;

      2. Be part of a scheme to defraud other Users of the Site or for any other unlawful or immoral purpose;

      3. Contain products or services that infringe or otherwise abet or encourage the infringement or violation of any Intellectual Property;

      4. Violate any applicable local, state, national or international law, rule, regulation, code, directive, guideline or policy including, without limitation, laws and requirements (whether or not having the force of law) relating to, without limitation, those governing export control, consumer protection, unfair competition, anti–discrimination or false advertising;

      5. Be defamatory, libelous, unlawfully threatening or unlawfully harassing;

      6. Be obscene or contain or infer any pornography or sex–related merchandising or any other content that otherwise promotes sexually explicit materials or is otherwise harmful to minors;

      7. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

      8. Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming);

      9. Solicit business from any Users in connection with a commercial activity that competes with KALEOZ;

      10. Contain any computer viruses, Trojan horses, worms or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data, or personal information;

      11. Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or

      12. Otherwise create any liability for KALEOZ, its employees, directors or its affiliates.

  9. Transactions between Buyers and Sellers

    1. KALEOZ provides an electronic web–based platform and payment facilities for exchanging information and items between Buyer and Seller.

    2. Users are solely responsible for all terms and conditions of the transactions conducted through or as a result of the use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation, and storage.

    3. KALEOZ does not represent the Seller or the Buyer in specific transactions, nor does KALEOZ act as an agent for either Seller or Buyer. KALEOZ does not control and is not liable to or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Site, the ability of Sellers to complete a sale, or the ability of Buyers to complete a purchase. Users are hereby made aware that there may be risks of dealing with other Users acting under false pretenses. KALEOZ uses several techniques to verify the accuracy of the information our Users provide to us when they register on the Site. However, because User verification on the Internet is complex and problematic, KALEOZ cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

    4. Each User acknowledges that it is fully assuming all Transaction Risks when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with using the Site. Each User agrees that KALEOZ shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.

    5. Users shall pay all sales and use taxes and all other taxes arising from their use of the Site.

  10. Fees

    1. Seller Fees

      Seller Fees: The fees we charge for using our Services are listed on our User Guide page. We may change its fees from time to time by posting the changes on the Site with or without notice.

    2. Buyer Fees

      Buyer Fees: The fees we charge for processing payments are posted on our Payments Methods page. We may change its fees from time to time by posting the changes with or without notice.

    3. Users must have a payment method on file when selling or buying on KALEOZ, and Users must pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due (if applicable), we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, as well as retaining collection agencies and/or legal counsel). In addition, Users will be subject to late fees, as determined by us at our absolute discretion. User is also subject to fines, deposits, and reimbursement obligations as set out in this Agreement.

  11. Disputes between Users

    1. In the event a dispute arises between you and another User or a third party, we encourage you to contact the User or third party to resolve the dispute amicably.

    2. If the dispute is unable to be resolved, we may provide our dispute resolution process for the benefit of the Users. We do so in our sole discretion, and we have no obligation to resolve disputes between Users or between Users and third parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on our policies.

    3. In order to allow us to fairly and reasonably conduct investigations, Users agree to refrain from seeking third party arbitration while the dispute is still open or pending. Users who seek third party intervention (with the exception of Government Investigative Authorities) will be seen as interfering with the investigative process and attempting to force a decision in their favor. We reserve the right to suspend or permanently ban Users who attempt to interfere with standard operating procedures in respect of any ongoing investigation by us.

    4. If a Seller is required to reimburse the Buyer or us, the Seller authorizes us to remove the reimbursement amount (in the same or other currency) from their designated payment method on KALEOZ. The Seller is required to have a valid payment method on file. If there are insufficient funds in the account, the Seller authorizes us to charge any reimbursement amount owed to the payment method on file. We may also place the reimbursement amount on the Seller’s invoice. If Seller does not provide us with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies and/or legal counsel.

    5. In the rare event that we determine that a dispute between Users is due to a User’s breach of this Agreement, the breaching User authorizes us to levy a fine against the User’s payment method, up to RM500.00 or an equivalent currency. In addition, we may suspend or ban the User’s Account, and/or require a deposit of up to RM1,000.00 or an equivalent currency to reactivate the Account.

    6. If you have a dispute with one or more Users or any other third party, you agree to release and indemnify us and our officers, directors, employees, agents, affiliates, and subsidiaries from all claims, demands, actions, proceedings, costs, expenses and damages, including without limitation any actual, special, incidental or consequential damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

  12. Disclaimer of Warranties; Limitation of Liability

    1. THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND SEAGM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

    2. SEAGM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. SEAGM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS; AND SEAGM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.

    3. Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk, and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from us or through or from the Site shall create any warranty not expressly stated herein.

    4. Under no circumstances shall we be held liable for any delay, failure, or disruption of the content or services delivered through the Site resulting directly or indirectly, without limitation, from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or nonperformance of third parties.

    5. Each User hereby agrees to indemnify and hold harmless KALEOZ/SEAGM, its affiliates, directors, officers, and employees, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly:

      1. From such User’s use of the Site, including but not limited to the display of such User's information on the Site;

      2. From such User’s breach of any of the terms and conditions of this Agreement;

      3. From such User’s breach of any representations and warranties made by the User to us;

      4. As a result of any claims asserted by any party relating to the items offered or displayed on the Site.

    6. SEAGM and its affiliates, directors, officers and employees shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise, or any other damages resulting from any of the following:

      1. The use or the inability to use the Site;

      2. Any defect in goods, samples, data, information or services purchased or obtained from a User or a third–party service provider through the Site;

      3. Any claims or demands that User’s manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Intellectual Property rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims;

      4. Unauthorized access by third parties to data or private information of any User;

      5. Statements, conduct, or material posted by Users of the Site, including defamatory, offensive or illicit material; or

      6. Any other matter relating to the Site.

    7. SEAGM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with SEAGM in asserting any available defenses.

    8. You acknowledge, accept, and agree that all disclaimers, exclusions and limitations of liability set out in this Agreement represent a fair and reasonable allocation of risks and benefits of the agreement between SEAGM and you, taking all relevant factors into consideration, including without limitation the value of consideration provided to you by SEAGM. You further agree that these disclaimers, exclusions, and limitations shall be enforceable to the fullest extent permitted by applicable law.

    9. Taking into account the above provisions, In the unlikely event that SEAGM is found to be liable, its liability is limited to the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not exceeding the total fees which the User has paid to KALEOZ in the 12 months prior to the action giving rise to the liability, or c) MYR500.

  13. KALEOZ’s Intellectual Property Rights

    1. SEAGM is the sole owner or lawful licensee of all rights to the Site and the Content. The Site and the Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and the Content shall remain with SEAGM, its affiliates, licensors of the Content, or third party proprietors as the case may be. All rights not otherwise claimed under this Agreement or by SEAGM are hereby reserved.

    2. "KALEOZ,” "KALEOZ.com", "KALEOZ Shield,” “KChat" and related icons and logos are registered trademarks or trademarks or service marks of SEAGM in various jurisdictions, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

    3. We grant you a limited and revocable licence to access and use the incidental software provided by us to you via the Platform as part of the Services. Any third party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code. You shall not, directly or indirectly, modify the features or functionality of, copy or create derivative works using all or any portion of, analyse or remove components from, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive source code, techniques, algorithms or processes from the software or permit or encourage any third party to do so.

    4. Any Submission is not considered confidential by us and may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing and marketing goods. By making a Submission to us, you acknowledge and agree that we and/or other third parties may independently develop software, applications, interfaces, goods and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant to us and our successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to develop the goods identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Services.

  14. Reliability of the Platform

    1. You are aware that all transactions conducted on the Platform are through telecommunications and data network.

    2. You are fully aware that your receipt of the notification from KALEOZ and vice versa may be delayed or prevented by factors affecting the relevant service providers and other relevant parties. You accept that we cannot guarantee the prompt delivery of such notification or confirmation.

    3. You acknowledge and confirm that you shall take all steps and measures to check and verify the transaction history of your Account.

  15. Account

    1. You shall immediately notify us if you are aware or believe your Account has been hacked or compromised.

    2. You shall be liable for all transactions conducted through your Account at any time prior to the receipt by KALEOZ of your notification.

  16. Disclosure of Information

    SEAGM shall be entitled and you irrevocable and unconditionally consent and authorize SEAGM to the extent permitted by law, to disclose or release any information pertaining to you or your transactions through the Platform to such extent that SEAGM may at its absolute discretion deem fit to:

    1. Such persons as SEAGM may be required to disclose under the applicable law;

    2. Such other persons or entity pursuant to any governmental directive or order of the court;

    3. Enforce this Agreement;

    4. Respond to your requests for customer service; or

    5. Any other party whomsoever as SEAGM deems first.

  17. Notice to Users

    1. All notices, demands, requests or other communications to be given or made under this Agreement shall be in writing and shall be sufficiently given or made to the other part by serving such notice at or sending such notice by hand, by courier, certified mail, or email to the last known correspondence or email address provided by the User, or via the communication channel made available on the Platform.

    2. Notice shall be deemed given:

      1. in the case of hand delivery, upon the receipt of written acknowledgement signed by the recipient;

      2. In the case of registered post, first (5) business days after posting; and

      3. in the case of email or the communication channel available on the Platform, on the day of transmission provided that the sender has not received a failed or undeliverable message from the host provider of the recipient within the day of transmission.

    3. Notwithstanding the above and in addition to the above methods of delivery, any notice or document or communication given by SEAGM to you shall be deemed to be served in the following manner:

      1. Posting the notice or communication in the Platform;

      2. Notices placed through any media; or

      3. Any manner of notification as SEAGM may at its absolute discretion determine.

  18. Applicable Laws and Indemnity

    1. This Agreement shall be governed by and construed in accordance with the laws of Malaysia without regard to the conflict or choice of law principles. Any dispute, legal action or proceeding arising out of or in connection with this Agreement shall be submitted to the jurisdiction of the Malaysian courts, unless SEAGM in its own discretion chooses to submit the same for settlement via arbitration in Malaysia or otherwise.

    2. In no event shall an order of the court or award in an arbitration initiated under this clause, whichever applicable, exceed the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not exceeding the total fees which User paid to KALEOZ in the 12 months prior to the action giving rise to the liability, or c) RM500.

    3. Where required, you shall obtain the approval or consent or permission of the relevant regulatory authorities prior to using the Services.

    4. For cross-border transactions, you shall not violate the laws existing in the countries involved in the transaction.

    5. You agree to indemnify, defend and hold us harmless, and our shareholders, subsidiaries, affiliates, related entities, directors, officers, agents, representatives, co-branders and employees (collectively, the ‘Indemnified Parties’) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, the legal costs and dispute resolution expenses) incurred by any Indemnified Parties arising out of or relating to: (i) your violation or breach of this Agreement or any policy or guideline referenced herein; (ii) your use or misuse of the Platform or Services; or (iii) your breach of any laws or any rights of a third party.

    6. YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE COURT/ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE COURT/ARBITRATOR MAY GRANT OR AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED SHALL NOT HAVE ANY CONSEQUENTIAL EFFECT ON OTHER USERS.

  19. Suspension, Termination, Cancellation of Services

    1. The Services (or any part thereof) may be cancelled by SEAGM at any time without prior notice to you. After cancellation, the Services (or any part thereof) may be reinstated in such manner and on such terms as SEAGM may at its absolute discretion determine.

    2. You may deactivate your Account at any time you notify us of your desire to do so, subject always to a closure fee as chargeable by us on you, if any.

    3. SEAGM reserves the right at all times to suspend or block access and use of the Services (or any part thereof) for any reason whatsoever and for any length of time and upon any conditions that SEAGM may at its absolute discretion determine. Grounds for suspension or termination may include, but not limited to:

      1. The Account has been inactive for a consecutive period of 24 months;

      2. Having multiple user accounts or allowing unauthorized persons to access and use the Account;

      3. in our opinion, there is dishonesty, suspected fraud, illegality, criminality or misrepresentation in the conduct of your Account or your use of the Platform and/or Services;

      4. you are in breach or we have reasonable grounds to believe that you have breached any of this Agreement and/or any applicable terms and conditions as may be provided by SEAGM from time-to-time, or have engaged in any conduct prejudicial to SEAGM or in our opinion, your acts are prejudicial to SEAGM’s interest;

      5. you are in breach of any acts, statute, laws, by-laws, rules, regulations, guidelines and/or policies by any authority, regulatory body or government agency;

      6. you have acted in bad faith or with malicious intent, or that we have reasonable grounds to believe that your behaviour is harmful, of defamatory nature or abusive to other user, third parties and/or SEAGM;

      7. your name is listed under any regulatory watchlist (including but not limited to listing related to terrorism and terrorism financing under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA) and/or related to bribery and corruption under the Malaysian Anti-Corruption Commission Act 2009 (MACCA) and/or such other local, foreign or international laws and regulations of similar nature;

      8. if we are required to do so pursuant to an order of a court or by any governmental or regulatory authority having the relevant jurisdiction;

      9. you have submitted false documents or have declared false information during your registration with or application to SEAGM; and/or

      10. you fail to provide any additional information which we may request from you from time-to-time for verification purposes.

        Use of the Platform, Services and/or Account for suspicious, fraudulent, illegal, harassing, defamatory, threatening or abusive purposes may be referred by us to the relevant law enforcement authorities without notice to you.

    4. Upon cancellation or termination of the Services (or any part thereof):

      1. you shall immediately pay to SEAGM all outstanding fees and charges due and owing to SEAGM, failing which SEAGM shall have full discretion to commence civil actions against you, including without limitation, a claim for damages, specific performance and/or interim or injunctive relief;

      2. SEAGM may at its absolute discretion, decide not to act on any request received by SEAGM after the effective date of termination;

      3. SEAGM may at its absolute discretion, decide not to act on any confirmation or request received by SEAGM between the date of notice is given to you and the effective date of termination (if there is a lapse of time between the two dates); and/or

      4. you hereby irrevocably and unconditionally authorize SEAGM to deduct all money due and owing by you to SEAGM (if any) from the moneys that are payable by SEAGM to you in respect of the delivered items.

    5. Further to the above, in the event that your access and/or utilization of the Platform and/or Services is suspended, ceased or terminated by us due to suspicious, fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013, AMLATFPUAA and/or MACCA or any rules, regulations, policies and/or guidelines made thereunder), you will not be able to continue to utilize your SEAGM Credits and/or SEAGM Points and shall not be entitled to obtain any money or refund whatsoever. It shall be lawful for SEAGM to retain for an indefinite period, or deal at its own discretion with, or release to the relevant authorities, any money or refund (including your SEAGM Credits and/or the monetary value equivalent to your SEAGM Points) in accordance with applicable legislations, rules, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.

    6. Any provision of This Agreement which expressly or by implication is intended to continue to remain effective and binding on you after the deactivation of Account and/or the termination of Services, shall survive such termination.

  20. Waiver And Severance

    1. Any failure by SEAGM to enforce at any time or for any period any one or more of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce this Agreement.

    2. In the event that any provisions of This Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, SEAGM shall amend that provision in such reasonable manner as would achieve the intention of SEAGM or at the discretion of SEAGM it may be severed from this Agreement and the remaining provisions remain in full force and effect.

  21. Variation

    1. This Agreement may be modified, added to, deleted or varied by SEAGM by way of posting on the Platform or in any such other manner as SEAGM may in its absolute discretion determine.

    2. You agree that continued use of the Services shall constitute your acceptance of This Agreement (as modified and varied from time to time).

  22. Assignment

    You may not assign the rights under this Agreement without the period written consent of SEAGM.

  23. Binding Effect

    This Agreement shall be binding on your heirs, personal and legal representatives, estate, successors-in-title and permitted assigns (where applicable) to you.