Terms and Conditions
Last modified: 1st April 2021
Important – please spend some time to read the terms outlined below carefully
THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE PROFESSIONAL SERVICES OR SUPPLY IN ANY KIND OF PRODUCTS OR TRAINED SERVICES AND THE COMPANY IS NOT A MAID OR MANPOWER AGENCY PROVIDER. IT IS UP TO THIRD PARTY ASSISTANT SERVICE PROVIDERS (ALSO REFERRED AS MYDESA USERS) TO OFFER THEIR SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD PARTY ASSISTANT SERVICE PROVIDERS. BUT DOES NOT NOR IS IT INTENDED TO PROVIDE MAID SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A MAID SERVICES PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY ASSISTANT SERVICE PROVIDERS AND/OR ANY MAID SERVICES PROVIDED TO YOU. THE COMPANY ONLY PROVIDES TO CLIENTS THE PLATFORM OF A MATCHING APPLICATION FOR CLIENTS REQUIRING THE ASSISTANCE FROM INDEPENDENT THIRD PARTY(IES) WHO ARE SIGNED UP AND REGISTERED WITH THE COMPANY OFFERING AND PROVIDING THIRD PARTY ASSISTANT SERVICES FOR CLIENT’S DAILY ROUTINE TASKS AT SPECIFIC LOCATIONS WHETHER AT HOMES OR AT BUSINESS PREMISES OR AT OFFICE PREMISE LOCATIONS OR AT AN EVENT. THE THIRD PARTY ASSISTANT SERVICE PROVIDER WILL ONLY ASSIST CLIENTS TO CARRY OUT THEIR TASKS. THIRD PARTY ASSISTANT SERVICE PROVIDERS ARE NOT PROFESSIONALS IN THE FIELD OF A CLIENT’S NEEDS AND SHALL BE SUPERVISED AND DUTIFULLY REQUIRE THE GUIDANCE AND INSTRUCTIONS OF THE CLIENT IN CARRYING OUT THE CHOSEN SERVICES. IT IS ENTIRELY UP TO THE CLIENTS TO CHOOSE THE SERVICES DISPLAYED ON THE APPLICATION BEFORE THE COMPANY IS ABLE TO LINK THE CLIENTS WITH THE APPROPRIATE THIRD PARTY ASSISTANT SERVICE PROVIDERS WHO WILL BE AVAILABLE AT DESIGNATED LOCATIONS AT THE AGREED DATE AND TIME UPON CONFIRMATION BY THE COMPANY. THE CLIENTS SHALL BE RESPONSIBLE TOWARDS THE SAFETY AND SECURITY OF THEIR PERSONAL BELONGINGS AND/OR VALUABLES. THE COMPANY DISCLAIMS ANY RESPONSIBILITY OVER THE LOSS OR THEFT OF ANY PERSONAL BELONGINGS AND/OR VALUABLES AND/OR ANY DAMAGE CAUSED TO THE CLIENTS’ PROPERTY DURING THE PERFORMANCES OF SERVICES BY THIRD PARTY ASSISTANT SERVICE PROVIDERS. THE CLIENT CONSENT AND UNCONDITIONALLY AGREED NOT TO HOLD THE COMPANY LIABLE FOR SUCH LOSSES ARISING FROM THIRD PARTY ASSISTANT SERVICE PROVIDERS CARELESSNESS AND/OR NEGLIGENCE AND/OR OMMISSIONS AND EXCLUDE ANY CLAIMS AGAINST THE COMPANY AS A RESULT OF ANY LOSSES INCURRED DURING THE USE OF SERVICES PROVIDED BY THIRD PARTY ASSISTANT SERVICE PROVIDERS.
- Representations and Warranties
See DISCLAIMER below
You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct and latest updated version of the Application Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the incorrect or outdated version of the Application or Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
By using the Software or the Application, you agree that:
- You will only use the Service for lawful and legitimate purposes and not for any immoral acts or activities;
- You will only use the Service for the agreed purpose for which it is intended to be used;
- You will not use the Application for carrying out any unlawful or criminal or immoral activities or to engage in fraudulent or unauthorised purposes;
- You will not use the Application and/or the Software to cause nuisance, misfeasance, annoyance and inconvenience to the Company or third party assistant service providers or the general public or make fake bookings;
- You will not use the Service, the Application and/or the Software for purposes other than obtaining the specified and agreed Service;
- You shall not contact the third party assistant service provider for purposes other than the Service beyond the authorised and agreed period;
- You shall not request the Service of the third party assistant service provider outside of the Application and/or for any private arrangements;
- You will not cause to impair the proper operation of the network;
- You shall not intentionally or unintentionally cause or attempt to cause property damage or bodily harm or injury or make sexual advances to third party assistant service providers;
- You will not try to harm the Service, the Application and/or the Software and/or third party assistant provider in any way whatsoever;
- You will not copy, or distribute the Software or other content without first having obtained written permission from the Company;
- You will only use the Software and/or the Application for your own intended use and will not attempt to and/or resell it to any third party;
- You will keep secure and maintain confidentiality of your account password or any identification we provide you which allows convenient access to the Service;
- You will provide the Company with proof of identity as it may reasonably request or require and not create obstacles or any difficulties whatsoever;
- You acknowledged and hereby agreed that only one (1) account can be registered on one device;
- You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You have agreed that the Company may rely on your information as accurate, current and complete. You have acknowledged that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right, but not the obligation, to terminate this Agreement and your continued use of the Service at any time with or without notice and reserved the right to take any appropriate action to lodge a report with the Authorities ;
- You will only use an access point or data account which you are authorized to use by the Company;
- You shall not attempt to and/or employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing Clients;
- You are aware that when requesting third party assistant services by SMS or use of the Service, standard telecommunication charges will apply;
- You shall not and/or attempt to impair or circumvent the proper operation of the network which the Service operates on;
- You have agreed that the Service is provided on a reasonable effort basis and shall not unreasonably publicise any shortcomings of the Service with the intention to create adverse publicity and/or to gain personal advantage ; and
- You have agreed to first, promptly notify the Company and/or the appropriate Authorities if the third party assistant service provider found to be unreliable or is injured or suffers from any illness or is taken ill during the period of Service.
- Terms of Payment
- You may choose to pay for the Services by cash in the currency where the Service is rendered and where available, by credit card and or debit card (“Card”). This is up to your AKLA Management’s decision
- In the event that you choose to pay for the Services by Card, you will need to register the details of a valid Card which belongs to you in accordance with the instructions within the Application.
- If the Card belongs to another person, such as your parents, you hereby warrant and agreed that you have obtained their permission to use the Card for the payment of Service.
- You have agreed that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
- You have agreed that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.
- In the event that payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.
- When you register for the Service, you will have the option to pre-set a default “tip” amount of your choosing. This will automatically be added to the Service fee at the end of each session and given to the third party assistant service provider unless you choose to override it with a different tip amount or to remove the tip.
- Once you have completed a session using the Service, you are required to make payment in full to the third party assistant service provider and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third party assistant service provider directly.
- You have agreed that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
- You shall be solely responsible to resolve any disputes with your Card company at your own cost and expenses.
You have agreed that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
- Rights Of Third Party Assistant Service Providers
The third party service providers have the right to rate you as a user of the Service or a user for whom you book the Service (User). Every rating will be based on, but not limited to, the Client’s conduct or behaviour, before, during or after the services has been completed.
Every rating will be automatically logged onto the Company’s system and you have agreed that the Company may analyse all ratings received and reserved the discretion to take all appropriate actions or initiate a complaint with the Authorities including, but not limited to, suspension of your use of the Service without any further notice to you.
- License Grant & Restrictions
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violate third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
- Intellectual Property Ownership
You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
- was at the time of receipt already in your possession;
- is, or becomes in the future, public knowledge through no fault or omission of you;
- was received from a third-party having the right to disclose it; or
- is required to be disclosed by law.
- Personal Data Protection
You have agreed and consented to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):
- To perform the Company’s obligations in respect of any contract entered with you;
- To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
- To respond to questions, comments and feedback from you;
- To communicate with you for any of the purposes listed herein;
- For internal administrative purposes, such as auditing, data analysis, database records;
- For purposes of detection, prevention and prosecution of crime;
- For the Company to comply with its obligations under the law;
- To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
- To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
- To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.
If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.
The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change
- Third Party Interactions
- Obligation of Clients
You shall only use the third party assistant service provider for the Service you have contracted for and not for any other use to your personal advantage and to the detriment of the third party assistant provider and the Company. During the session contracted for, you shall be responsible to supervise and guide the third party assistant provider for the task that you have subscribed under the matching application. Third party assistant service providers are not trained professionally to undertake the task that the Client has signed for. Third party assistant service providers will assist the Client in completing the daily routine tasks during the session contracted. The Client undertakes to give proper instructions, supervise and train the third party assistant service provider in completing the task subscribed for. You shall not engage the third party assistant service provider in any immoral activity or induce the third party assistant service provider to do acts that are beyond the scope of this Service. Any request that are beyond the scope of subscribed Service is an abuse and are deemed unlawful that entitles the Company the absolute right to bar you from future use of Service. If the Company had been notified of an unlawful act or any unwarranted acts had transpired during or after the session you have contracted, the Company reserved the absolute discretion to report the matter to the local Authorities.
- Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE, THE APPLICATION, THE SOFTWARE AND/OR REWARDS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE AND/OR REWARDS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, REWARDS OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE THIRD PARTY TRANSPORTATION PROVIDER. THE SERVICE AND REWARDS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES AND/OR REWARDS, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE AND/OR THE REDEMPTION, SUPPLY OR USE OF REWARDS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION OR OTHER SERVICES AND PRODUCTS REMAIN SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY. THE CLIENT HEREBY DECLARES THAT HE/SHE HAS THE AUTHORITY AND HAS THE LAWFUL CONSENT AND RIGHTS TO ALLOW THE ENTRY OF THIRD PARTY ASSISTANT PROVIDER (MYDESA) TO THE DESIGNATED LOCATIONS OR PREMISES AND THE ENTRY OF THIRD PARTY ASSISTANT PROVIDER (MYDESA) IN THE PREMISES OF THE CLIENT TO CARRY OUT AND PERFORM THE SERVICES APPLIED FOR WOULD NOT AMOUNT TO AN ACTION FOR TRESPASS AGAINST THE COMPANY AND/OR THE THIRD PARTY ASSISTANT (MYDESA).
- Internet Delays
THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY ASSISTANT SERVICE PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, COSTS OR EXPENSES INCURRED, SUFFERED OR SUSTAINED BY YOU ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION HEREOF INCLUDING BUT NOT LIMITED TO :
- ANY FAILURE OR REFUSAL BY ANY THIRD PARTY MERCHANTS IN ACCEPTING THE TRANSACTION;
- ANY LOSS OF DATA AND RECORDS RELATING TO THE SERVICE;
- ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE THIRD PARTY MERCHANTS;
- ANY ACTS, OMISSIONS, NEGLIGENCE OR WILFUL DEFAULT ON THE PART OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS RELATING TO THE SERVICE; AND
- ANY LOSS OF VALUE OR BENEFIT THAT MAY ARISE AS A RESULT OF ANY CHANGES MADE TO THE SERVICE PROGRAMME.
THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY OR DELAY OF YOUR SERVICES FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, UNFORESEEABLE TRAFFIC CONDITIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS OR ANY EVENTS REGARDED AS FORCE MAJEUR.
THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS TECHNOLOGY, APPLICATIONS, OR CUSTOMER SERVICE WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.
THE COMPANY DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, OR QUALITY OF THE DELIVERY SERVICES, APPLICATION OR THE THIRD PARTY ASSISTANT SRVICE PROVIDERS.
THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE APPLICATION OR DURING THE SERVICE PROVIDED BY THIRD PARTY ASSISTANT SERVICE PROVIDER .
THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY ASSISTANT SERVICE PROVIDERS, MATTERS RELATING TO THIRD PARTY ASSISTANT SERVICE PROVIDERS, OR THE PROCESS OF WORK BY REASON OF YOU USING THE SERVICE IN YOUR CAPACITY AS A CLIENT.
The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or (one) 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party assistant service provider under this Agreement.
The Company is having its registered address at Unit E02-07, Block E, IOFC Apartment, Kerupang 2, 87000 Wilayah Persekutuan Labuan, Malaysia for the Application.