1. INTRODUCTION
1.1. Welcome to the ShopeePay e-services platform (“Platform”) offered by ShopeePay Malaysia Sdn. Bhd. ("ShopeePay”). This Terms of Service is a contract between you and ShopeePay and it governs your use of the Platform, and the Services (as defined herein) made available on the Platform. Please read the following terms and conditions carefully before accessing the Platform and using the Services, so that you are aware of your legal rights and obligations with respect to ShopeePay Malaysia Sdn. Bhd., its affiliates and subsidiaries (individually and collectively, “Company”, “we”, “us” or “our”).
1.2. BY ACCESSING THE PLATFORM OR USING THE SERVICES, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS THE PLATFORM OR USE OUR SERVICES. YOU ARE REQUIRED TO BE 18 YEARS OLD AND ABOVE IN ORDER TO BE ELIGIBLE TO ACCESS THE PLATFORM OR USE OUR SERVICES.
1.3. We reserve the right at all times, at our sole discretion, to revise these Terms of Service at any time by providing you with written notice of the revised Terms of Service. Your continued use of the Services and/or this Platform after the effective date of the revisions shall be deemed as your irrevocable acceptance of these Terms of Service and any such revisions.
1.4. We reserve the right at all times, at our sole discretion, to change, upgrade, modify, suspend, limit or discontinue any portion of this Platform or the Services or any of our related functions or applications, including payment methods, temporarily or permanently, without notice to you or giving any reason. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or Services in our sole discretion and without notice or liability.
1.5. We reserve the right to refuse to provide you access to the Platform or Services, allow you to open a ShopeePay Account (as defined herein) and/or register for the Services, in each case for any reason and in our sole discretion.
2. SERVICES
2.1. The services we provide or make available include (a) the Platform; (b) the services provided through the Platform and by the Company’s software (including on or through the Shopee and/or ShopeePay mobile application where applicable) (“Software”); and (c) all information, websites, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials made available through the Platform or our related services ("Content") (collectively, the “Services”).
2.2. The Services, include, but are not limited to, providing registered users (“Users”) access to: (a) ShopeePay Invest, an electronic platform wherein Users may browse, subscribe, redeem, switch, transfer, and monitor their investments from a selection of investment funds; and (b) Money+, a ShopeePay e-wallet sub-account which is integrated with an investment fund; and (c) any other services that we may add from time to time as approved by the Securities Commission Malaysia, Bank Negara Malaysia and/or relevant governmental or regulatory body(ies).
2.3. We reserve the right to introduce new features, functionalities or applications to the Platform and/or Services, or future versions of the Platform and/or Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by these Terms of Service unless otherwise stated.
2.4. In providing the Platform, ShopeePay only acts as an e-services platform operator registered with the Securities Commission Malaysia (“SC”). ShopeePay solely operates the Platform in collaboration with iFAST Capital Sdn. Bhd. (“iFAST”), a capital markets and services license holder with the SC, to provide a selection of investment funds on the Platform. Matters relating to acceptance of User transactions and instructions, as well as transactions in relation to the investment funds, are at the discretion of iFAST and the asset management companies (“AMCs”) managing the relevant investment fund. The SC’s registration of ShopeePay as an e-services platform operator does not amount to, nor indicate that the SC has recommended or endorsed the Services or the Platform.
2.5. We may receive or retain fees, rebates, discounts, commissions or other benefits relating to Services. You consent to us retaining such fees, rebates, discounts, commissions or other benefits and we are not obliged to account for them to you.
3. ACCOUNT AND SECURITY
3.1. To access our Services, you are required to register for a ShopeePay account in respect of ShopeePay Invest and Money+ (“ShopeePay Account”), and register for the Services by completing a self-declared risk acknowledgement form, and our electronic Know-Your-Customer process which may require you to provide us with identification documents, information relating to your background and identity, the purpose of account opening, your source of wealth and any other required information from time to time. You hereby give your consent for us to separately verify the accuracy of the information provided to us from any other sources. We have the right at our absolute discretion to refuse an account opening application or restrict access to your ShopeePay Account, without associating any reasons therefor.
3.2. You hereby give your consent that any information collected from you may be disclosed to iFAST, the AMCs and/or any other service providers that are engaged by us for the purposes of providing the Services.
3.3. You shall promptly update our customer service through the Chat, Internet Call, or any functions we may make available to you from time to time via our “Help Center” located under the “Me” page if there are any changes to the information provided to us.
3.4. You may be able to use your ShopeePay Account to gain access to other products, websites or services to which we have enabled access or with which we have collaborated with. We have not reviewed, and assume no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
3.5. You agree to (a) keep your password and PIN confidential and use only your ShopeePay Account password and PIN when logging in; (b) ensure that you lock your ShopeePay Account at the end of each session on the Platform; (c) immediately notify us of any unauthorized use of your ShopeePay Account; and (d) ensure that your ShopeePay Account information is accurate and up to date. You are fully responsible for all activities that occur under your ShopeePay Account even if such activities or uses were not committed by you. You agree that we are under no duty to inquire and verify the identity, authority or capacity of any person who uses your ShopeePay Account, and are entitled to rely on any instructions submitted by such person accessing or using the Platform via your ShopeePay Account, even if the access is made fraudulently and/or if the instructions conflict with the terms of any other instructions given by you. Once you are logged in to the ShopeePay Account, you will stay logged in until you log out. If someone (you or someone else) has entered the wrong password and/or PIN up to five (5) times in a row on any one (1) day, your ShopeePay Account will be blocked. To recover your blocked ShopeePay Account, you must contact us. We will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Clause 3.5.
3.6. You agree that we may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately terminate your ShopeePay Account, and remove or discard from the Platform any Content associated with your ShopeePay Account. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity; (b) violation of the letter or spirit of these Terms of Service; (c) fraudulent, harassing, defamatory, threatening or abusive behaviour; or (d) behaviour that is harmful to other Users, third parties, or the business interests of the Company. Use of a ShopeePay Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against us, or which in any way involves us, then we may terminate your ShopeePay Account.
3.7. If your ShopeePay Account is or remains inactive for more than two (2) years and the balance in your ShopeePay Account is less than RM0.01, we reserve the right to adopt the necessary measures such as suspending or deactivating your ShopeePay Account.
3.8. If you wish to close your ShopeePay Account, you are required to instruct us through our customer service, and be responsible for withdrawing your entire ShopeePay e-wallet balance, and arranging the sale of all the fund units purchased on the Platform before closure can be effected. Closure of your ShopeePay Account may result in the closure of your Fund Trading Account (as defined herein) with iFAST which was opened on your behalf to enable you to use the Services.
3.9. Should your ShopeePay Account be banned, suspended, or frozen due to investigation by any governmental or regulatory body(ies), we reserve the right to retain your money in your ShopeePay Account and/or the fund units purchased on the Platform indefinitely and/or release it per instruction from the governmental or regulatory body(ies).
3.10. You acknowledge and agree that your use of the Services is conditional upon you maintaining your ShopeePay Account at all times and ensuring that your ShopeePay Account is active and not frozen, suspended, terminated or closed. We reserve the right to suspend or terminate your access to the Platform and/or Services in the event that your ShopeePay e-wallet has been frozen, suspended, terminated or closed pursuant to the ShopeePay Terms of Services.
4. USE OF THE SERVICES
4.1. Information required from you
We, iFAST and/or the AMCs may require certain information, confirmation or declaration from you each time you use or access the Platform and/or utilize the Services, and you shall provide such information, confirmation or declaration promptly. You represent and warrant that each information, confirmation or declaration provided to us, iFAST and/or the AMCs, is accurate, true and complete, and not misleading in any material respect.
4.2. Compliance with applicable laws
You shall access and use the ShopeePay Account, Fund Trading Account (as defined herein), Platform and/or Services in compliance with all applicable laws and regulations. Without limiting the generality of the foregoing, your access and use of the ShopeePay Account, Fund Trading Account (as defined herein), Platform and/or Services is subject to any additional restrictions and terms and conditions of use which may be communicated to you.
4.3. Other terms and conditions
By accessing the Platform and using the Services, you also agree to be bound by the ShopeePay Terms of Service and iFAST’s terms and conditions.
4.4. Authorization for opening a fund trading account
By registering for any of our Services, you authorize iFAST to open a fund trading account on your behalf which is necessary to enable you to use the Services (“Fund Trading Account”).
4.5. Monitoring of access and use
We reserve the rights to monitor your access to and use of your ShopeePay Account, Fund Trading Account, the Services and/or Platform at all times.
4.6. Agency
You hereby irrevocably appoint and authorize us and such persons duly authorized by us severally to act as an agent for you in respect of our execution and performance of all instructions, orders, and transactions carried out through your ShopeePay Account and the Fund Trading Account, and all actions taken by us on your behalf, including the collection, delivery and receipt of monies in relation to the subscription, redemption, switching, or transferring of fund units on the Platform. This means that you are principally liable for and will assume all risks associated with the investments made through the Platform. Updated instructions, once effective, would supersede all prior instructions.
4.7. General authorization
You hereby irrevocably appoint and authorize us and such persons duly authorized by us severally to perform at any time, all acts that you could have done, on your behalf or otherwise, which are in our sole opinion necessary, expedient or desirable for the purposes of:
(a) carrying out any transactions or any of your instructions;
(b) executing your order(s) for any investments or providing any service to you;
(c) discharging any of our obligations to you under these Terms of Service;
(d) acquiring, holding in custody, disposing of or otherwise dealing with your fund units on your instructions;
(e) doing all things as may be required for the full exercise of all or any of the powers hereby conferred upon us or as we may consider expedient in connection with the dealing, custody of or otherwise transacting in your funds, fund units and/or any transaction;
(f) preserving or enforcing our rights under these Terms of Service; and/or
(g) complying with the provisions of applicable laws and regulations.
In respect of the foregoing, you agree to ratify and confirm all such transactions and acts and things done or caused to be done or effected by us.
For the avoidance of doubt, nothing in these Terms of Service shall impose any obligation on us to take any action or exercise any rights as your agent or pursuant to your authorization, and we shall at all times have the absolute discretion in determining whether or not to exercise any of our rights or authorizations hereunder.
4.8. Deceased user
In the event of your death, your named executor or administrator may contact our customer service through the Chat, Internet Call, or any functions we may make available to you from time to time via our “Help Center” located under the “Me” page for further guidance on the next steps.
5. TRANSACTIONS
5.1. Your instructions on the Platform to subscribe or redeem, switch, or transfer fund units are considered irrevocable and binding upon you if they are received by us. You are required to deliver or give your instructions through the Platform. We shall have no obligation to verify the authenticity, validity, origin of your instructions, or to check the identity of the person giving the instructions. Your instructions will be processed in accordance with our internal processes with iFAST. You agree that subscription payment methods may be through ShopeePay depending on the prescribed payment method used.
5.2. We shall at all times have the sole discretion to carry out, refuse to carry out, or delay the carrying out of any of your instructions based on our own internal policies, and you will be notified via push notification if your instruction is unsuccessful.
5.3. You agree that any transactions in fund units on the Platform can be made only after your ShopeePay Account and Fund Trading Account have been activated, and can be made using prescribed payment methods. You agree that redemptions are to be made to your ShopeePay e-wallet or an individual bank account registered in your sole name only, and if you do not provide us with your individual bank account details for redemption purposes or if there are issues with your individual bank account, we have the right to transfer the redemption proceeds to your ShopeePay e-wallet instead and you will be notified accordingly. In the event that the redemption proceeds exceed the maximum limit for your ShopeePay e-wallet balance, you agree that we have the right to withhold transferring the excess of such proceeds until your valid bank details are provided.
5.4. You acknowledge that the amount of fees and charges applicable for each subscription, redemption, switching and/or transferring of fund units on the Platform can be found at the “Transaction Rules” page for each Fund, as may be amended, modified, or supplemented from time to time. You shall make all payments due under these Terms of Service free and clear of and without deduction, withholding or set-off on account of, any tax or levy or any other charges present or future, unless the deduction or withholding is required by law. You shall be liable for any goods and services tax, value-added tax or any other tax of a similar nature chargeable by law on any payment you are required to make to us. If we are required by law to collect and make payment in respect of such tax, you will indemnify us against such payments. For the avoidance of doubt, if you are required by law to make deductions or withholdings, you must ensure that the amount we receive is equal to the amount payable in the absence of the deduction or withholding. Otherwise, we are entitled to debit such amounts from any of your account(s) held with us.
5.5. You acknowledge that the calculations of the net asset value are determined by the AMCs, and provided to us by or on behalf of iFAST, and we shall not be liable or responsible for any inaccuracies and/or losses arising from the calculation of net asset value displayed on the Platform.
5.6. In addition to the transactions effected by you on the Platform, the number of fund units you hold may be increased or decreased as a result of corporate actions effected by the AMCs, including but not limited to unit split, consolidation or distribution exercises.
5.7. You agree that any income distribution declared by your investments in fund units shall be automatically reinvested in the relevant investment fund through the subscription by iFAST of additional units in the relevant investment fund on your behalf unless provided otherwise. In the event that your investment in a specific investment fund is fully redeemed by you, and in cases where the income distribution is declared thereafter and automatically reinvested in such investment fund, iFAST will subsequently have the right to redeem the balance fund units and transfer the redemption proceeds to you in accordance with this Clause 5.7.
5.8. We shall not be liable or responsible for any losses that you may incur as a result of the force selling of your units by iFAST and/or the AMCs for any reason whatsoever.
5.9. You agree that if you are investing in a particular investment fund via the Platform for the first time, you will have the right to request for a refund of your investment in the said investment fund, during the cooling-off period prescribed in the deed or prospectus of the relevant investment fund which in any case should not be less than six (6) business days (with ‘business days’ being as per the definition of the same in the deed or prospectus) from the date of receipt of application and investment amount by the AMC ("Cooling-Off Period") provided always that such notice of withdrawal is received by us and iFAST via the Platform no later than the relevant cut-off time (which may be specified by iFAST in its sole and absolute discretion) on a day which transactions may be effected, provided that such day is within the Cooling-Off Period stated in the relevant deed or prospectus. Any such request for a refund shall be subject to applicable laws, and the terms and conditions of the relevant AMC and/or investment fund. For the avoidance of doubt, a cooling-off right is only available for your first investment in a particular investment fund via the Platform. You shall be liable for any and all costs and expenses incurred by us and iFAST or which may be imposed by the relevant AMCs or investment fund (whichever is applicable) in relation to any refund of investment and you hereby authorize us and iFAST to deduct all such costs and expenses from the refund proceeds due to you as may be permitted under applicable laws.
6. MONEY+
6.1. The maximum holding limit of monies and investments in each User’s Money+ is Ringgit Malaysia Twenty Thousand (RM20,000) only, or such other amount as may be determined by us in our sole discretion.
6.2. In the event that your aggregate holding in Money+ has reached the maximum holding limit set out in Clause 6.1, you will not be able to subscribe to any additional fund units through Money+. For the avoidance of doubt, your investments in Money+ will still be able to generate returns above the maximum holding limit for Money+.
6.3. You acknowledge and agree that, when your ShopeePay e-wallet balance is insufficient to complete a purchase on the Shopee platform (where ShopeePay e-wallet balance is selected as the payment option), you hereby consent, and irrevocably authorize us to submit a redemption instruction in respect of the relevant amount of available fund units at the prevailing price, and apply the redemption proceeds towards reloading your ShopeePay e-wallet balance such that the ShopeePay e-wallet balance is sufficient to complete the relevant purchase. The foregoing redemption instruction is subject to (a) any redemption limit set by us in our sole discretion, (b) any holding limit applicable to your ShopeePay e-wallet balance, and (c) our right to revise, suspend or remove such feature on the Platform without further notice or reference to you.
6.4. Where your ShopeePay e-wallet balance has been credited pursuant to the redemption process in Clause 6.3, you irrevocably and unconditionally agree that such crediting shall constitute the full discharge of the obligations of the AMC, iFAST and/or us to pay to you all the actual proceeds from the redemption, and in consideration therefor you agree that you will not have any claims on the eventual amount paid to iFAST or us by the AMC (the “Final Redemption Amount”), which we will be fully entitled to retain as our monies as you have fully assigned to us the right to receive all such sums (including any and all rights and interests therein). You acknowledge and agree that the actual redemption amount credited to your ShopeePay e-wallet balance may be higher or lower than the Final Redemption Amount (including without limitation in the event where the AMC or iFAST suspends redemptions or your deemed redemption request is subsequently rejected by the AMC or iFAST). You also acknowledge and agree that even if there is a difference between such redemption amounts credited to your ShopeePay e-wallet balance and the Final Redemption Amount, we shall not deduct or credit monies to you to account for the difference.
7. FUND DOCUMENTS
7.1. You agree that iFAST and the AMCs are solely responsible for the prospectus, fund fact sheet, product highlight sheet and any other documents or information relating to the relevant investment funds (“Fund Documents”), including, but not limited to, any statement of accounts, notices, notification letters, fund reports in relation to your investments (“Other Documents”) which are made available on the Platform.
7.2. We do not represent and warrant the accuracy of the Fund Documents and Other Documents which are made available on the Platform, and are not responsible for any misrepresentation, misstatement or inaccuracy set out therein. You agree that you may not claim against us for any loss or damages resulting from your reliance on the Fund Documents and Other Documents which are made available on the Platform.
8. PRIVACY
8.1. Your privacy is very important to us. Please review ShopeePay's Privacy Policy to understand how we collect and use the information associated with your ShopeePay Account and/or your use of the Services and/or Platform. By accessing the Platform, using the Services or agreeing to these Terms of Service, you consent to our collection, use, disclosure and/or processing of your Content and personal data as described in ShopeePay’s Privacy Policy.
8.2. Users in possession of another User’s personal data (the “Receiving Party”) must (a) comply with all applicable personal data protection laws; (b) allow the other User (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and (c) allow the Disclosing Party to review what information has been collected about them by the Receiving Party.
9. LIMITED LICENCE
9.1. We grant you a limited licence to access and use the Platform and/or the Services subject to the terms and conditions of these Terms of Service for personal use only. Unless we provide you with our consent, this licence does not allow you to make any commercial use or any derivative use of the Platform and/or the Services (including, without limitation to, any of our individual elements or Content). All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Platform are the property of Company and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any such proprietary Content, trademarks, service marks, brand names, logos and other intellectual property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Platform and/or the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws and regulations that protect the Services, the Platform and our Content. You agree not to copy, distribute, re-publish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or our Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given to standard search engine technology employed by Internet search websites to direct Users to this website).
9.2. You are welcome to link to the Platform from your website, provided that your website does not imply any endorsement by or association with us. You acknowledge that we may, in our sole discretion and at any time, discontinue providing any part of the Services without notice.
10. SOFTWARE
Unless accompanied by a separate licence agreement, any Software provided by us to you as part of the Platform and/or Services is subject to the clauses of these Terms of Service. The Software is licensed, not sold, and we reserve all rights to the Software not expressly granted by us. 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, not by us.
11. SUSPENSION OR BREAKDOWN OF SYSTEMS
11.1. If you are unable to use the Platform and/or Services due to any of the following reasons, you agree that you will not hold us or our affiliates liable for any loss that you may suffer (except where such loss arises directly from our gross negligence or fraud) for:
(a) system suspension or maintenance on our Platform;
(b) failure in transmission of data due to breakdown or suspension of telecommunications equipment and/or systems;
(c) failure in system operations due to force majeure events including, but not limited to, typhoon, earthquake, tsunami, flood, blackout, war, terrorist attack, beyond our reasonable control; or
(d) interruption or delays in the Services due to hacking, maintenance, upgrades, and any other reasons.
11.2. To the fullest extent permitted under applicable laws and regulations, you agree and acknowledge that you will indemnify, defend and hold us harmless against any damages, losses and claims from you or other third party as a result of the foregoing suspension or breakdown of systems set out in Clause 11.1.
12. DISCLAIMER
12.1. THESE TERMS OF SERVICE DO NOT AMEND OR OTHERWISE MODIFY YOUR AGREEMENT WITH THE ISSUER OF YOUR PAYMENT INSTRUMENT, AND YOU ARE RESPONSIBLE FOR ENSURING YOUR USE OF THE PLATFORM AND THE SERVICES COMPLIES WITH ALL SUCH AGREEMENTS. IN ADDITION, YOU ARE RESPONSIBLE FOR ALL CHARGES AND/OR DEBITS TO YOUR PAYMENT INSTRUMENT RESULTING FROM ANY PURCHASES MADE FROM THE ACCOUNT IN ACCORDANCE WITH SUCH AGREEMENTS. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS OF SERVICE AND YOUR AGREEMENT WITH THE ISSUER OF YOUR PAYMENT INSTRUMENT, THESE TERMS OF SERVICE GOVERN THE RELATIONSHIP BETWEEN YOU AND US SOLELY WITH RESPECT TO THE USE OF THE PLATFORM AND THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR PAYMENT INSTRUMENT AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY, OR AVAILABILITY OF ANY INFORMATION YOU ENTER OR OTHERWISE STORE IN THE PLATFORM OR IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION TO, WHETHER SUCH INFORMATION IS CURRENT AND UP TO DATE.
12.2. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS AND REGULATIONS, THE PLATFORM AND THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING TO THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES, THIS PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
12.3. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN PARTICULAR, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE SECURITY CODES PROVIDED TO YOU AND YOU MAY NOT CLAIM AGAINST US FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR FAILURE TO DO SO.
12.4. Any downloading of data from our system is done solely at your risk, and to the fullest extent permitted under applicable laws and regulations, we do not warrant that such data or our system is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.
12.5. If you send funds to the wrong party or send the wrong amount, we may choose to assist you out of goodwill in contacting the party that received the funds to ask for a refund. However, we will not be liable to reimburse any payment or to reverse any Transaction that you have made as a result of your error or negligence.
12.6. All materials and contents found in our Platform are generic and strictly for information purposes only and do not constitute the distribution of any information or the making of any offer or solicitation of any investment funds in any jurisdiction in which such distribution or offer is not authorized or to any person to whom it is unlawful to distribute such contents or make such an offer or solicitation. The information provided in our Platform is intended for general circulation and/or discussion purposes only, and shall not be considered or construed as an offer, recommendation, inducement, solicitation or investment or financial advice to buy or sell or otherwise transact in any investment funds and shall not be transmitted, disclosed, copied or relied upon by any person for whatever purpose.
12.7. Any description of any investment funds on our Platform (“Product Descriptions”) is qualified in its entirety by these Terms of Service and where applicable, the Fund Documents. Nothing in our Platform constitutes accounting, legal, regulatory, tax, financial or other advice, and does not take into account the specific investment objectives, financial situation or particular needs of any particular person. The Product Descriptions are provided for general information only, and you should seek professional advice at all times and obtain independent verification of the Product Descriptions and review the Fund Documents before making any decision based on any such Product Descriptions.
13. EXCLUSIONS AND LIMITATION OF LIABILITY
13.1. SUBJECT TO CLAUSE 13.3, IN NO EVENT SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION TO, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION TO, ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION TO, ANY DAMAGES RESULTING THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, SHOPEEPAY MAKES NO WARRANTY ON THE SOLVENCY OF THE COMPANY OR AS A RESULT OF THE INSOLVENCY OR CEASING TO TRADE OF ANY AUTHORIZED INSTITUTION WITH WHICH THE MONEY IS HELD.
13.2. WE MAY ESTABLISH GENERAL PRACTICES AND LIMITS CONCERNING THE USE OF THE SERVICES. WE RESERVE THE RIGHT TO CHANGE, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE SERVICES AT ANY TIME WITHOUT NOTICE AND LIABILITY. WE MAY DECLINE TO PROCESS ANY TRANSACTION WITHOUT PRIOR NOTICE TO YOU, PARTICULARLY IF (A) TRANSACTION DOES NOT SATISFY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE OR OTHER APPLICABLE TERMS, RULES AND POLICIES; OR (B) IF WE HAVE REASON TO BELIEVE THAT THE TRANSACTION MAY VIOLATE ANY LAWS, RULES OR REGULATIONS THAT MAY OTHERWISE SUBJECT US OR OUR AFFILIATES TO LIABILITY.
13.3. NOTWITHSTANDING CLAUSES 12 AND 13, IF WE ARE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO RM300 (RINGGIT MALAYSIA THREE HUNDRED).
13.4. NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, FOR BREACH OF CONTRACT, FOR NON-PERFORMANCE OF OBLIGATIONS BY EITHER PARTY UNDER APPLICABLE LAWS AND REGULATIONS, OR FOR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
13.5. You acknowledge that all investments carry risks and possible loss of investment value and there is no guarantee that a particular investment is suitable or profitable for you, including investments made through the Platform. You acknowledge that any projection analysis, or statement which is a prediction of an investment product in the future is not an indication of future performance, and past performance does not reflect future performance.
13.6. You acknowledge that any loss resulting from any investments made through the Platform and/or Services is not covered by the Capital Market Compensation Fund established pursuant to Section 158 of the Capital Markets and Services Act 2007.
13.7. You acknowledge that ShopeePay acts only as the operator of the Platform and is not responsible for any risk and/or losses pertaining to your investment(s) in any investment funds made through the Platform investment portfolios, and we shall not be liable or responsible to you and/or to any other third party for any costs, loss, or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Services, including, but not limited to:
(a) your ShopeePay Account and/or Fund Trading Account being hacked and/or theft of your login credentials and/or security credentials;
(b) theft of your funds that are no longer in bank account(s) or trust account(s) operated by us, or theft of funds that have been transferred to the iFAST’s and the AMCs’ trust account(s) to facilitate the subscription or redemption of fund units;
(c) resulting from your investments made through the Platform, including the principal sum of your subscription or investments in the investment funds; and/or
(d) resulting from the exercise of our rights in these Terms of Service and/or which arise from your default.
14. LINKS TO THIRD PARTY SITES
The links provided throughout the Platform will let you leave this 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. Therefore, we are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. The provision of these links are merely a convenience, and the 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 the content therein.
15. PROHIBITED CONDUCT
15.1. The licence for use of this Platform and the Services is effective until terminated. This licence will terminate as set forth within these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In such event, no notice shall be required by us to effect such termination.
15.2. You agree not to:
(a) breach our Terms of Service, Privacy Policy, in-house rules and regulations, including regulations for promotional events, and/or violate any applicable laws and regulations;
(b) act in a manner that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable to our employees, agents or other Users;
(c) use the Services to harm minors in any way;
(d) provide false, inaccurate or misleading information;
(e) use the Services for any illegal activities, including online gambling, regardless of whether online gambling is permitted in your jurisdiction in which you are located;
(f) use your ShopeePay Account and/or Fund Trading Account in a manner that may result in disputes, claims or other liabilities to us, other Users, third parties, or may be regarded as an abuse of our system;
(g) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(i) remove any proprietary notices from the Platform;
(j) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without our express permission;
(k) use the Services in any manner not permitted by the licences granted herein;
(l) use the Services for inappropriate, fraudulent or suspicious purposes;
(m) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide us;
(n) 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;
(o) harvest or collect any information about or regarding other ShopeePay Account and/or Fund Trading Account holders, including, without limitation to, any personal data or information;
(p) upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(q) upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorized form of solicitation;
(s) upload, post, e-mail, 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;
(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
(v) 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;
(w) use the Services to intentionally or unintentionally violate any applicable laws and regulations, including, without limitation to, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism financing;
(x) use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(z) use the Services to collect or store personal data about other Users in connection with any of the prohibited conduct and activities set forth above; and/or
(aa) use the Services for other illegal activities in your jurisdiction.
15.3. If we, in our sole discretion, believe that you may have engaged in the above restricted activities or for whatever reason, we may take various actions, including, but not limited to, the following:
(a) we may terminate, suspend, or restrict your access to and use of your ShopeePay Account, Platform and/or Services, and/or require the termination, suspension, or restriction of your access to and use of your Fund Trading Account;
(b) we may refuse to provide Services to you;
(c) we may require a hold to be placed on your ShopeePay Account and/or Fund Trading Account for up to one hundred and eighty (180) days if reasonably required to protect against the risk of liability or if you have violated our Terms of Service, Privacy Policy and/or any applicable laws and regulations in your jurisdiction;
(d) we may take legal action against you; and/or
(e) we may take any other appropriate measures or actions in the given circumstances.
15.4. You agree and acknowledge that you will indemnify, defend and hold us harmless against any damages, losses and claims from you or other third party as a result of any termination, suspension and/or restriction on your access to the ShopeePay Account, Fund Trading Account, Services and/or Platform placed by us on your ability to subscribe, redeem, switch, or transfer any fund units on the Platform. Notwithstanding any provision to the contrary in these Terms of Service, you agree that when we exercise our rights to terminate your access to the Platform and/or the Services, we shall also have the right prior to termination to sell all your fund units purchased on the Platform at the prevailing price, and transfer any unclaimed balance in the closed ShopeePay Account and/or Fund Trading Account to an individual bank account registered in your sole name which is designated by you, and you hereby consent to such sale and transfer.
15.5. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not us, is entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Platform. We do not control the Content posted on the Platform and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will 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, e-mailed, transmitted or otherwise made available on the Platform.
15.6. You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Platform. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms of Service, if we receive a complaint from another User, if we receive a notice of intellectual property infringement or other legal instruction for removal, or if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation to, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the clauses of these Terms of Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation to, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including, without limitation to, information in all parts of the Platform.
15.7. You acknowledge, consent and agree that we may access, preserve and disclose your ShopeePay Account and/or Fund Trading Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory body having jurisdiction over us or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, our Users and/or the public.
16. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
16.1. Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, we are not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold us responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
16.2. In addition, the Services may contain links to third party text, video feeds and podcasts (collectively, "Third Party Feeds"), products, websites, services and offers, or links to download third party software applications. These third party links, third party feeds, products, websites, services and software applications are not owned or controlled by us. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. We have not reviewed, and assume no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that we shall not be liable in any manner due to your use of, or inability to use, any third party feed, website or widget. You further acknowledge and agree that we may disable your use of, or remove, any such third party links, third party feeds, or applications on the Services to the extent they violate these Terms of Service.
17. NOTIFICATIONS
17.1. If you have complaints, feedback or believe a User on our Platform is violating these Terms of Service, please contact us through the Chat, Internet Call, or any functions we may make available to you from time to time via our “Help Center” located under the “Me” page.
17.2. Please send all legal notices to legal.my@monee.com and attention it to the “General Counsel”.
17.3. Any communication to you may be sent, at our sole discretion, by e-mail, SMS, mobile app notification or ordinary mail to your last known address. Any such communication shall be deemed to be received (a) if given by e-mail, SMS or mobile app notification, at the same time it is dispatched; or (b) if given by ordinary mail, two (2) days after the same has been posted.
18. YOUR REPRESENTATIONS AND WARRANTIES
18.1. You represent and warrant to us that:
(a) you are the legal and beneficial owner of the ShopeePay Account;
(b) you are not a U.S. person, resident, citizen (including those who hold dual citizenship or a greencard holder), permanent resident and/or person liable to tax in the United States on any grounds whatsoever (collectively, “U.S. Person”);
(c) you have at all times the full legal capacity and authority to open, maintain, operate and transact using your ShopeePay Account, and/or Fund Trading Account, and to give us all instructions in connection with the use of the Services, and to comply with your obligations under these Terms of Service;
(d) you will use the Services for lawful purposes only and in accordance with these Terms of Service;
(e) you will only use the Services on a device on which such use is authorized by the device's owner;
(f) you will use the Services in good faith and in compliance with all applicable laws and regulations, including laws related to anti-money laundering and counter-financing of terrorism;
(g) you are solely responsible for maintaining the confidentiality of the password or security codes provided to you and you may not claim against us for any loss or damages resulting from unauthorized use of your password or your failure to do so;
(h) all information given to the ShopeePay Account and/or Fund Trading Account, or in relation with the registration of the ShopeePay Account and/or Fund Trading Account is correct, complete, accurate and up to date;
(i) you will be solely responsible for payment of any taxes, duties, or other governmental levies, charges or fees, that may be imposed on the Services;
(j) you accept any and all risks in connection with the access and use of the Services and in connection with any and all investments purchased, redeemed or sold or otherwise transacted in;
(k) you have the experience necessary to evaluate and understand the financial, investment and other risks involved in your investment;
(l) you have the financial means to bear all economic consequences and risks of your investments and to the extent necessary, have consulted your own tax, legal, financial and other advisers;
(m) you are not the subject of any litigation, investigation, legal or criminal proceedings; and
(n) no bankruptcy or similar proceedings, nor any litigation, arbitration, administrative or other proceedings with respect to your assets have been commenced by any person nor are any of the foregoing intended or anticipated by you.
18.2. You shall notify us immediately if any of the representations set forth above or elsewhere in these Terms of Service is no longer truthful or accurate or if you are otherwise in breach of any of the terms of these Terms of Service.
18.3. If any representations and/or warranties given by you in connection with these Terms of Service is or turns out to be untrue or inaccurate, or if you are otherwise in breach of any of the terms of these Terms of Service, you acknowledge and agree that (a) we have the right to suspend or terminate your ShopeePay Account and/or require the suspension and/or termination of your Fund Trading Account, and (b) we, iFAST and/or AMCs have the right to realise your investments.
19. INDEMNITY
You shall indemnify, defend and hold harmless the Company, and our shareholders, subsidiaries, affiliates, officers, agents (or their sub-agents), co-branders or other partners, suppliers, service providers, contractors (or their sub-contractors) and employees (collectively, the "Indemnified Parties"), at your expense, 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 to, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of the Platform and/or Services by or on behalf of us; (b) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein; (c) your unauthorized use, exploitation, or misuse of the Platform and/or Services; (d) your instructions on the Platform to subscribe, redeem, switch, or transfer funds, or any error in such instruction due to any reason whatsoever; or (e) your breach of any applicable law or regulations, or the rights of a third party.
20. SEVERABILITY
If any clause of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that clause shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining clauses of these Terms of Service in such jurisdiction nor the validity and enforceability of the clause in question under the law of any other jurisdiction.
21. GOVERNING LAW
These Terms of Service shall be governed by and construed under the laws of Malaysia. Any dispute, controversy, claim or difference of any kind whatsoever arising between us and you under these Terms of Service shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (“AIAC”) in accordance with the Arbitration Rules of the AIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one (1) arbitrator who shall be appointed by mutual agreement between you and the Company (“Arbitrator”). If you and the Company are unable to agree on an arbitrator, the Arbitrator shall be appointed by the Director of the AIAC in accordance with the Rules. Any arbitration award shall be made in writing and shall be final and binding on you and the Company. The place and seat of the arbitration shall be Kuala Lumpur, Malaysia. The language to be used in the arbitration proceedings shall be the English language and the fees of the Arbitrator shall be borne equally by you and ShopeePay, 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 laws and regulations. You and the Company agree that Part III of the Arbitration Act 2005 shall not apply to these Terms of Service or the arbitration proceedings arising out of these Terms of Service. These Terms of Service and the rights and obligations of you and the Company under these Terms of Service shall remain in full force and effect pending the award in any arbitration proceeding hereunder, save for the part in dispute and is to be determined in the arbitration proceeding.
22. GENERAL PROVISIONS
22.1. We reserve all rights not expressly granted herein.
22.2. You may not assign, sub-licence or transfer any rights granted to you hereunder or subcontract any of your obligations.
22.3. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and us, nor does it authorize you to incur any costs or liabilities on our behalf.
22.4. Our failure at any time or times to require performance of any clauses hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing.
22.5. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of Company's and our affiliates' and subsidiaries' respective successors and assigns).
22.6. The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding between you and ShopeePay with respect to the Services and the Platform and supersede any previous agreement or understanding between you and ShopeePay in relation to such subject matter. You and ShopeePay also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, neither you nor ShopeePay have relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. You and ShopeePay each irrevocably and unconditionally waives all claims, rights and remedies which but for this Clause 22 it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
22.7. You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption, including, without limitation to, the Malaysia Anti-Corruption Commission Act, UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
22.8. If you have any questions or concerns about these Terms of Service or any issues in respect of these Terms of Service or on the Platform, please contact us through the various methods available as stated in Clause 17.
22.9. Any translation of these Terms of Service and any other policies referenced herein are provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language.
I HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL OF THE TERMS CONTAINED ABOVE AND ANY REVISION TO THE SAME HEREAFTER. BY TICKING THE CHECKBOX OR ANY SIMILAR ACTION TO INDICATE MY ACCEPTANCE OF THE TERMS OF SERVICE, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY, AND I GIVE MY IRREVOCABLE ACCEPTANCE OF AND CONSENT TO BE BOUND BY THESE TERMS OF SERVICE.
Last Updated: 21 October 2025