TERMS & CONDITION

Standard Terms & Conditions for Supply of Services

INTERPRETATION

  • “Service Provider” means Flipbizz;
  • “Subscriber” means company or profession who subscribe to the service provided by the Service Provider;
  • “Terms and Conditions” means the terms and conditions of supply set out in herein;
  • “Service” means mobile application platform provided and maintained by the Service Provider to the Subscriber for the Subscribers to freely build, create, develop and expand their business network / circle in Flipbizz Apps.

GENERAL TERMS

  1. Services
    • The terms and conditions herein applies to Flipbizz’s platform, Flipbizz-branded apps, Flipblizz-related sites, apps and other services that are offered under this contract herein.
    • When the Subscriber use the Service the Subscriber agrees to all the terms and conditions herein. By clicking “Subscribe Flipbizz” or anything similar to the subscription of the Service Provider’s Service and products, the Subscriber is agreeing to enter into a legally binding contract with Flipbizz.
    • The Service Provider shall provide the abovementioned services (“Services”) to the Subscriber in accordance with the terms and conditions herein under.
    • The Subscriber is entering into this Contract with the Service Provider. In the event that the Subscriber is residing in Malaysia, the Subscriber is entering this Contract with BIG CENTURE SDN BHD.
    • The Service Provider is only providing Service in maintaining the Platform whereby the Platform is providing space and tool for the Subscriber to develop, expand, improve, promote and advertise their business and their business network. The Service Provider shall not be responsible and liable to the content posted, shared and / or created by any of the Subscribers and the Subscriber agrees that the Subscriber shall be personally responsible for the content shared, posted and created by themselves and shall also not hold the Service Provider to be responsible or liable to any content shared, posted and created by other Subscribers.
    • The Subscriber shall be personally and fully responsible in creating, developing, improving, promoting and advertising their business and their business network and acknowledge that the Service Provider shall carry no such responsibility.
    • Visitors can only signup into the Platform to view the information inside the Flipbizz apps including news, advertisements, articles, VIP rewards, gift shop, professional and business profile. The Visitors can also participate in all the event / campaign / advertisement / trade that is created by in the profession / business circles but shall not be entitled to any benefits as a Subscriber.
  2. Subscribers
    • Subscribers can either be a business or a profession subscribing to the Service of Flipbizz:
      • business subscriber shall be business owner such as company, enterprise, partnership, sole proprietor subscribing to the Service of Flipbizz;
      • profession subscriber shall be individual under employment of a company, business or enterprise and etc subscribing to the Service of Flipbizz.
    • A business that subscribe to the Service shall only pay a sum as stipulated in appendix 1 to the Service Provider on a monthly basic as maintenance fee for the usage of the Flipbizz’s Platform. A business subscriber can build multiple business circle under different sub category and can create their own business profile. The business circle created is entitled to all benefits provided by Flipbizz. Through the business circle KPI, Subscriber will be rewarded in according to Appendix 3 up to 6 spin of business circle and all cash reward shall be paid out from the bank account of the Service Provider to the Subscriber.
    • A profession that subscribe to the Service shall only pay a sum of in accordance to Appendix 1 to the Service Provider on a monthly basic as maintenance fee for the usage of the Flipbizz Platform. A Profession subscriber can only build one professional circle and can create their own professional profile. Profession circle shall entitle to all benefits provided by Flipbizz. Through the profession circle KPI, subscriber can earn Flipbizz Point equivalent to the Appendix 3 on a monthly maintenance fee up to 6 spin of prof
    • The Subscriber shall be rewarded with point such as Flipbizz Point, Active Point and Bizz Point in accordance to the activities / programs participated by the Subscriber as shown in the Appendix ()
    • The Visitors can register with Flipbizz without having to pay any fees and are free to view information inside the app. The Visitors can also participate in all the event / campaign / advertisement / trade that created by in the profession / business circles but shall not be entitled to any benefits as a Subscriber.
  3. Personal Data
    • The Subscriber agrees that all personal data provided by the Subscriber in the course of using the Flipbizz’s platform or any other related products shall be truthful and accurate and that the Service Provider shall have no responsibility to ensure the accuracy and truthfulness of the data provided by any Subscriber as the Service Provider is only providing a Platform for the Subscriber to build their own business circle and network.
    • The Subscriber agrees to let the Service Provider and any other user of the Platform to share, post, re-post, divulge and disclose all the personal data provided by the Subscriber and collected by the Service Provider in the course of using the Flipbizz’s Platform.
  4. Change
    • The Service Provider may modify this Contract from time to time. In the event that the Service Provider was to make material changes to it, the Service Provider will inform the Subscriber by notice through the Platform or by other means. In the event any Subscriber is not agreeable to the changes, the Subscriber may terminate the Contract with no refund. However in the event that the Subscriber continues to use the Services after the publication of the notice of changes to the terms, the subscriber is deemed to have consented to the changes. The Service Provider may also change, suspend or end any service, or change and modify the maintenance fee in their discretion.
  5. Site
    • The Service Provider shall provide the Services at the following site(s): [Malaysia at A-3-1, VERTICAL OFFICE SUITE, BANGSAR SOUTH, 59200 KUALA LUMPUR]
  6. Payment
    • The Subscriber agrees to pay the maintenance fee to the Service Provider before 14 on each month (for those who subscript between after 29 of the previous month ) and before 28 on each month (those who subscript after 15 of the same month)].
    • The Service Provider shall invoice the Subscriber through Digital Form for the Services that it has provided to the Subscriber on monthly basis.
    • The method of payment of the Price by the Subscriber to the Service Provider shall be by:
      • credit card payment through payment gateway provided in the APP
      • online payment through payment gateway
    • Any charges payable are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Service Provider to the Subscriber and such shall be payable by the Subscriber to the Service Provider in addition to all other charges payable hereunder.
    • In the event that the Subscriber wishes to terminate their subscription (within the first 10 days of the payment made), the Service Provider agrees to refund only the monthly maintenance fee paid for the unexpired month(s) within thirty (30) days from the date of termination subject to the payment gateway policies employed by the Service Provider.
    • Any failure to pay the monthly maintenance fees will entitled the Service Provider to terminate this Contract and remove the defaulter’s business profile from the Flipbizz Platform whereby all points and profit sharing shall be forfeited immediately.
    • However without prejudice to the Service Provider’s right to terminate, any default in payment of the montly maintenance shall also entitle the Service Provider to do the following:
      • In the event that there is a late payment of 1 month’s maintenance fee, the Service Provider shall be entitled to impose 30% of the maintenance fee as late payment charges on each profession/business circle. However membership shall remain and rewards will still be received.
      • In the event that there is a late payment of 2 months’ maintenance fees, the Service Provider shall entitle to suspend the membership and forfeit all rewards given until and unless the Subscriber fully settles the outstanding monthly maintenance fees, the late payment charges equivalent to 1 month’s maintenance fee and the activation charges equivalent to 1 month’s maintenance fee for each circle.
      • In the event that there is a late payment of 3 Months’ maintenance fees, the Service Provider shall be entitled to suspend or cancel the membership until and unless the Subscriber fully settles the outstanding monthly maintenance fees, the late payment charges equivalent to 1 month maintenance fee and the activation fee equivalent to 1 month maintenance fee for each circle.
  7. Subscriber’s Obligation
    • To enable the Service Provider to perform its obligations the Subscribers shall:
      • Only be eligible to enter into this Contract if the Subscriber is of “minimum age” of 18 years old;
      • To co-operate with the Service Provider.
      • To provide the Service Provider with accurate and truthful information reasonably required by the Service Provider.
      • To keep the Service Provider notified of their correct name, postal address and any phone, fax or email information.
      • To comply with such other requirements as agreed between the Parties.
      • To comply with all other statutory requirement – in particularly to data protection and confidentiality.
      • To diligently maintain your own account and to keep your password a secret and confidential without having to share, disclose and divulge the same to any 3rd party.
      • To honor payment obligation and agreeing on storing payment information with the Service Provider.
      • To diligently create, share, post and forward any information with the other Subscribers, Visitors, 3rd Party and Service Provider and shall take full responsibility on the content of the information shared, created, posted and forwarded.
  8. Sharing Information
    • The sharing of information by Subscribers on the Platform will allow others to see, copy and use that particular information. The Subscribers shall have the responsibility to post and / or share information that believed to be truthful and accurate by the Subscriber and any other Subscriber who posts, re-post, shares and forwards the said information shall also take full responsibility in verifying the content of the information.
    • The Subscribers agree to absorb all responsibility on the truthfulness and accuracy of the content of the information shared and posted by the Subscribers themselves and agrees to keep the Service Provider indemnified by any action or legal proceeding commenced against them arising from the said information.
    • The Service Provider shall not be obligated to publish any information or content on the Service and can remove it on their sole discretion, with or without notice. The Service Provider shall have not obligation to store, maintain or provide the Subscriber a copy of any content or information that provided by Subscriber or other.
    • The Subscribers shall use others’ content and information posted and shared on the Flipbizz Platform at their own risk and shall subscribe to the services and products offered by the other Subscriber at their own risk whereby there shall be no action whatsoever against the Service Provider.
  9. Servide Provider’s Obligtion
    • The Service Provider is only providing Service in maintaining the Platform whereby the Platform is providing space and tool for the Subscriber to develop, expand, improve, promote and advertise their business and their business network.
    • The Service Provider shall not be responsible and liable to the information posted, shared and / or created by any of the Subscribers and the Subscriber agrees to be personally responsible for the content shared, posted and created by themselves and shall also not hold the Service Provider to be responsible or liable to any content shared, posted and created by other Subscribers.
  10. License to Flipbizz
    • The Subscriber own all of the content, feedback, and personal information provide to Service Provider, but the Subscriber also grant the Service Provider a non-exclusive license to it.
  11. Intellectual Property Rights
    • All intellectual property in the Service and platform providing the Service shall strictly properties belonging to the Service Provider whereby the Subscribers shall have not right to use, exploit, copy and deal with the existing and subsisting intellectual property without the consent of the Service Provider. The Subscriber shall be personally liable for any infringement of Intellectual Property rights due to the use of unauthorized Intellectual Property belonging to a 3rd Party. The Subscriber shall keep the Service Provider fully indemnified against any loss and damage suffered by the Service Provider in the event of unauthorized usage of 3rd Party’s intellectual Property.
  12. Warranty
    • The Service Provider represents and warrants that:
      1. it will perform the Services with reasonable care and skill; and
      2. the Services and the Materials provided by the Service Provider to the Subscriber will not infringe or violate any intellectual property rights or other right of any third party or any law and regulations in local jurisdiction.
  13. Limitation of liability
    • To the extent permitted under the laws, the Service Provider and its affiliates shall not be liable to the Subscriber or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunity, reputation profits or revenues related to the Service be its whether in the context of breach of contract or tort of negligence. In event if the Service Provider and its affiliates are liable in contract, tort or otherwise (including negligence) arising directly out of or in connection with the terms and conditions herein or the performance or observance of its obligations under the terms and conditions herein and every applicable part of it shall be limited in aggregate to the maintenance fee.
    • The Service Provider shall not be liable for action of any of the Subscribers in sharing, posting, forwarding and creating any information / content which is inaccurate, untruth and derogatory in nature. The Subscribers shall be personally responsible to diligently maintain their business circle, the content / information shared, posted and created by them.
    • To the extent allowed under the laws of Malaysia, Flipblizz and its affiliates disclaim all implied warranties and representation (such as but not limited to warranties of merchantability, accuracy and correctness of data and information and do not guarantee that the Service will function without interruption or errors and shall provide the Service on an “as is” and “as available” basis.
  14. Term and Termination
    • This terms and conditions herein shall be effective on the date hereof and shall continue, unless terminated sooner by Either Party.
    • Either Party may terminate this Agreement upon notice in writing if:
      • The other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or
      • A voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party’s assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.
    • Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
    • Upon termination, the Service Provider and its affiliates retain the rights to use and disclose the content/information shared, posted and created by the Subscriber.
    • In the event of breach of any terms and condition herein by the Subscriber, the Service Provider shall have the right to suspend the Subscriber’s account and to remove all content with immediate effects with no refund to the Subscriber.
  15. Dispute Resolution
    • Any dispute relating to this contract or the Service provided by the Service Provider and its affiliates, the Subscribers agree that all claim can only be litigated in the Court of Malaysia jurisdiction under the laws of Malaysia.
  16. Force Majeure
    • The Service Providers and its affiliates shall not be liable for any delay or failure to perform any of its obligations if the delay or failure is resulted from events or circumstances beyond the reasonable control of the Service Provider and its affiliates, including but not limited to acts of god, strikes, lock outs, accidents, war, fire, breakdown of machinery or shortage or unavailable of any material from natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
  17. Relationship of the Parties
    • The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in the terms and conditions herein shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
  18. Notices
    • Any notice which may be given by a Party under the terms and condition herein shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:
      1. first class post, 2 days from the date of posting; or
      2. hand or by facsimile transmission, on the date of such delivery or transmission; or
      3. electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.
  19. Miscellaneous
    • The failure of either party to enforce its rights under the terms and conditions herein at any time for any period shall not be construed as a waiver of such rights.
    • If any part of the terms herein is held to be illegal or unenforceable neither the validity nor the enforceability of the remainder of the terms and conditions herein shall be affected.
    • Neither Party shall assign or transfer all or any part of its rights under the terms and conditions herein without the consent of the other Party.
    • The terms and conditions herein may not be amended for any other reason without the consent of the Service Provider.
    • The terms and conditions herein constitutes the entire understanding between the Parties.
    • The Service Provider shall not be liable for failure to perform or delay in performing any obligation under the terms and conditions herein if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Subscriber by such delay or failure shall be entitled to terminate the contract herein by notice in writing to the other.
    • The terms and conditions herein shall be governed by the laws of the jurisdiction in which the Subscriber is located (or if the Buyer is based in more than one country, the country in which its headquarters are located) (the “Territory”) and the parties agree to submit disputes arising out of or in connection with the terms and conditions herein to the non-exclusive of the courts in the Territory.