Last updated: 11 Nov 2020

ICONIX CO-LIVING SDN BHD. (Company No.: 1439156A) is the owner and operator of https://www.iconixpropertymgmt.com and/or any other Websites, Apps, Application, Platform and/or the Software operated by Iconix (collectively the "Website"). All references to "Iconix", "we", "us" and/or "our" in the Terms and Conditions herein contained shall refer to ICONIX CO-LIVING SDN BHD, its respective subsidiaries, affiliates, associated companies and jointly controlled entities. Authorized Users and individual users will each be referred to as a "User" and collectively as "Users".

The Terms and Conditions of use applies to our Authorized Users which includes but not limited to customers, landlords, owners, tenants, agents, vendors, suppliers, users, partners (such as collaborating operators, sales, operations, management companies and merchant partners), contractors and service providers.

Please read the Terms and Conditions of use thoroughly as they contain all information regarding your legal rights, remedies, obligations, liabilities and responsibilities whatsoever governing the use of the Website.

If you are not agreeable with any part of these Terms and Conditions, you have no right to directly or indirectly use or obtain any information or content from or otherwise use or continue to use the website for any purpose whatsoever. If you accept or agree to these terms and conditions on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to bind that company or other legal entity to these terms and conditions and, in such event, the term ‘You’ and ‘Your’ or "User" or "Users" or "Owners" or "Owners" or "Partner/Partners", "Agent/Agents" will refer to and apply to that company or other legal entity.

Terms and Conditions of the use together with the Privacy Policy and any and all other notices or additional conditions or policies published by Iconix on the Website ("Terms and Conditions"), or through the Application, shall constitute and be the sole and entire agreement and contract between You and Iconix on the use of the Website. Any future amendments and additions to these Terms and Conditions as published from time to time at our Website, or through the Application, and your continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Terms and

You agree that Iconix is not a party to any Agreement or Contracts whether oral or written entered into between its Users, which includes but not limited to owners, tenants, licensees, agents, suppliers, partners, vendors, operators, management companies, merchant partners or third party service providers. Iconix is not a real estate agent, insurer or arbitrator. We have no control whatsoever over the conduct of owners, users and other users of the Website or any application or service or any third party links or websites and disclaim all liability in this regard to the maximum extent permitted by law.

1. DEFINITION AND INTERPRETATION

In the Website unless the context otherwise requires the following words and expressions shall have the following meaning:-

"Application/Apps" means the relevant mobile application(s) made available for download by Iconix (or its licensors) to Users and Third Party Providers respectively;

"Personal Data" is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, business or personal email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information, employment information, financial information or other identifying information about the User as reasonably requested by us.

"Platform" means the relevant Iconix technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;

"Privacy Policy" means our privacy policy accessible at: https://www.iconixpropertymgmt.com/privacy/ as amended from time to time;

"Service" means the use of the Website, Application, Platform and/or Software to get information on your tenancy, as well as linking of Users to Third Party Providers or other Users through the Website, Application, Platform and/or Software;

"Software" means any software associated with the Application which is supplied made available for download and installation by Iconix;

"Solutions" means the following informational and/or payment services which are made available to Users through the Service (each a "Solution"), and any such other services which we may make available from time to time.

"Third Party Provider" means the independent third parties who provide the Solutions to Users through the Service, including third party merchants;

"User" means any person who uses the Website, Application, Platform and/or Software to search for and obtain the Information and Solutions; and

"User Charges" shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.

"Commencement Date" — means the start of the tenancy payable date

2. PAYMENTS

Payment of the Booking Deposit may be made by the User to Iconix via either one of the following modes of payment:-

• Online Transfer
• Credit Card or Debit Card

3. MOVE IN

The User shall Move-In to the Relevant Accommodation on the Check-in Date and before the expiry of the Check-in Period. Failure of full payment upon the start of the Tenancy/Rent/Commencement date will deem the Booking cancelled by the Tenant/Licensee and Earnest Deposit forfeited. No cancellations are allowed for all confirmed booking whereby the Booking Deposit paid to Iconix shall be absolutely forfeited if any cancellation is made.

4. NO SHOW

In the event that the User fails, neglects or omits to turn up on or before the expiry of the Move-in Period or any other time and date which may be mutually agreed between the User and the Owner, (save and except the relevant Owner has agreed to the request of the User for such delay), the Booking Deposit shall be automatically forfeited and the User shall have no further rights to the Relevant Accommodation or to make a claim from us or the relevant Owner and the relevant Owner shall be entitled to re-post the Relevant Accommodation as a new Listing without any further reference to the User.

5. REFERRAL PROGRAM

As a Tenant/Licensee, you may participate in our Referral Program by referring your friends to make a booking of any of our Accommodations. You will receive the Referral Reward for each of the Qualified Referral (as defined below). Our Referral Reward is a sum of money that is credited into your bank account which you have registered with us.

6. LOYALTY PROGRAMS AND PROMOTIONS FOR USERS

If you are a User using the Application, you will automatically be a member of the loyalty programme named "CozieBear Rewards" operated by Iconix and/or its affiliate companies. From time to time, we may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms ("Vouchers"). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. We reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. We reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms of Use.

7. DEFINITION AND INTERPRETATION

The Website is intended solely for use by persons who are of the age of 18 years or above. You agree that any access to and/or use of the Website by anyone below the age of 18 years is expressly prohibited. You should read through all the Terms and Conditions carefully. The Terms and Conditions constitute a legally binding contract between you and Iconix on the use of the Website and you agree, wherever required, to inter alia make payment for any services or use of the infrastructure on or through the Website.

8. REPRESENTATION, WARRANTIES AND UNDERTAKINGS

You expressly unconditionally, irrevocably and unequivocally covenant, warrant, represent and undertake as follows:-

• You shall not use the Website for any purpose which is illegal, unlawful, immoral, unethical or prohibited by these Terms and Conditions or by law which include but without limitation dissemination or publication of any information or statement which is defamatory, political in nature or seditious;
• You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
• All the information which you provide shall be true and accurate. Your description and personal data as described in the Website is true and accurate in all material aspects and you are not under any disabilities or disqualification under any law which prohibit you or restrict your rights to enter into a valid contract and to create legally binding obligations for any liabilities which you may incur as a result of the use of the Website;
• You will only use the Application, Platform and Service for their intended and lawful purposes;
• You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
• You shall not infringe the rights of any person or entity, including but without limitation to their intellectual property, privacy, publicity or contractual rights;
• You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
• You will not try to interrupt or harm the Service, Application and/or the Software in any way. You shall not interfere with or damage the Website including but without limitation through the use of viruses, cancel bots, Trojan Horses, harmful code, flood pings, denial-of-service, packet or IP spoofing, forged routing or electronic mail address information or any similar methods or technology;
• You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
• You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
• You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
• You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
• You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards us or any third party;
• You shall not use the Website to transmit, distribute, post or submit any information concerning any other person or entity, including but without limitation photographs or personal contact information of others without their permission;
• You shall not use the Website in relation to distribution, uploading, publishing or posting of any unsolicited advertisement; You shall not stalk or harass any other user or the owner of the Website;
• When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
• You will not copy, or distribute the Software or other content without written permission from Iconix;
• You shall not recruit or solicit any of the Owner or Users to join or procure the service of any third-party or other website which provides services similar to those provided by us;
• You will 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 the Agreement. You agree that we may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Iconix has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
• You shall not hold us liable for any damages, losses, costs or expenses of whatsoever nature suffered or incurred by you or any third-party as a direct or indirect result of the inaccuracy, incorrectness, incompleteness or error of the information or personal data provided by anyone whether forwarded by or obtained from the Website or as a consequence of any information made on the Website or any payment made or generated from or through the Website;
• You will only use an access point or data account which you are authorized to use;
• You agree that the Service is provided on a reasonable effort basis;
• You agree that your use of the Service will be subject to Iconix’s Privacy Policy;
• You agree to assist Iconix with any internal or external investigations as may be required by us in complying with any prevailing laws or regulations in place;
• You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Iconix or any other party as a result of your breach of this Agreement;
• You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Iconix or to disrupt the natural functions of the Application;
• You provide us the phone numbers of Iconix users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance your use of the Service.
• You expressly represent, warrant and undertake that all the personal data which you have provided to us for the purpose of facilitating the opening of the account to use of the Website whether as User or Owner are accurate, correct and free from any intentional or unintentional omission, error, typo graphical mistake, inaccuracy, incorrectness, falseness or otherwise.

If you are a Third Party Provider, you further represent, warrant / undertake that:

• have all the appropriate licenses, approvals and authority to provide services to third parties in the jurisdiction in which you use the Service;
• You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the service provided by you;
• You shall obey all local laws related to your services provided and will be solely responsible for any violations of such local laws;
• You shall not contact Users for purposes other than in connection with the Service;
• You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of Iconix, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application
• You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
• If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
• You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of Iconix’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and we reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and

If you are a User, you further represent, warrant / undertake that:-

• Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old ("Unaccompanied Minor"), in which case you shall assume primary responsibility of the Unaccompanied Minor;
• You will not use the Website, Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake reports;
• Where applicable, you agree to indicate the accurate number of persons/tenants/licensees (s) when requesting for the Service. You further acknowledge and agree that if the information on the number of persons/tenants/licensees is untrue or inaccurate, we may cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy;
• You shall not contact the Third Party Provider for purposes other than the Service;
• You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider
• Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Website, Application or Platform except for your personal, non-commercial use;
• Where applicable, you will not copy any content displayed through the Website, Application or Platform, including any third party product content and reviews, for republication in any format or media;
• You acknowledge and agree that only one (1) account can be registered on one device;
• You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
• You agree that Iconix may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of three (3) months from the last date of transaction and deactivate or restrict access to your user account.

9. COMPATIBILITY

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.

10. LICENSE GRANT AND RESTRICTIONS

Iconix and its licensors, respective subsidiaries, affiliates and associated companies where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Iconix and its licensors.

You shall not:

• license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
• modify or make derivative works based on the Website, Application and/or the Software;
• "mirror" the Application / Software on any other server or wireless or internet-based device;
• except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
• use any manual or 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, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
• 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
• remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or
• use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.

11. RATINGS

Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided. Every rating will be automatically logged onto our system and we may analyse all ratings received. We may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

12. ESTABLISHING YOUR IDENTITY

We may be required to establish and verify your identity, or the identity of the beneficial owner of the Services pursuant to applicable laws, regulations, notices and guidelines. We may therefore require you to provide your identification documents or collect your personal information for this purpose.

You hereby acknowledge that we may collect such data on request, and use such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure the adherence of the Agreement and the user to the applicable laws, regulations, notices and guidelines, together with sharing such data internally with its affiliates and with third-party service providers or Partners (both local and overseas), and such other government or regulatory authority as we may deem appropriate or as may be required under any applicable laws, regulations, notices and guidelines. We reserves the right to refuse the provision of the Services to any person who fails to or refuses to comply with any request for identification for the use of the Services.

13. INTELLECTUAL PROPERTY OWNERSHIP

Iconix and its licensors, respective subsidiaries, affiliates and associated companies where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.

Iconix, its affiliates and its licensors, including respective subsidiaries, affiliates and associated companies hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Services, Application and/or the Software, subject to the Terms of Service herein. All rights not expressly granted to you are reserved by us.

The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by Iconix and/or its licensors. Iconix’s name, logo, the Service, the Software and/or the Application and the third party providers’ logos and the product names associated with the Software and/or the Application are trademarks of Iconix or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

For the avoidance of doubt, the term the "Software" and the "Application" herein shall include its respective components, processes and design in its entirety. You hereby agree that you shall not:

• 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;
• modify or make derivative works based on the Application and/or the Software;
• create internet "links" to the Application or "frame" or "mirror" the Software on any other server or wireless or internet-based device;
• reverse engineer or access the Software in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or copy any ideas, features, functions or graphics of the Application and/or the Software;
• 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;
• 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;
• 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; or
• 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:

• send spam or otherwise duplicative or unsolicited messages;
• send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
• send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein;
• attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks;
• impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
• engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

14. CONFIDENTIALITY

You shall maintain in confidence all information and data relating to Iconix, 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 Iconix (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 Iconix, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Iconix’s prior written consent, disclose such information to any third party nor use it for any other purpose.

15. THIRD PARTY INTERACTIONS

During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Iconix and its licensors, respective subsidiaries, affiliates and associated companies shall have no liability or obligation for any such communication or agreement. Neither Iconix nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Iconix, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and Iconix is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. Iconix is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

We may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. You agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings. You agree and allow us to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.

We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties ("Third Party Links"). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

16. INDEMNIFICATION

By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold Iconix, its licensors, respective subsidiaries, affiliates, associated companies and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable.

17. DISCLAIMER OF WARRANTIES

The Application, its content and any related service(s) is provided to you on an "as is" basis. We makes no representations or warranties of any kind, express or implied, in connection with the Software, Application, Platform, Service, these Terms of Use, the content or any related service(s). Although we make reasonable efforts to keep the Application up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Software, Application, Platform, Service, or Terms of Use.

We makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to Iconix in respect of the same.

18. INTERNET DELAYS

THE SERVICE, PLATFORM, 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 PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

19. LIMITATION OF LIABILITY

We shall not be liable for any injury, loss, claim, damage, special, exemplary, punitive, indirect, incidental or consequential damages of any kind, any loss of profits, loss of opportunities, loss of use or loss of monies, whether based in contract, tort, negligence, equity, strict liability, statute or otherwise, which arises out of or is in any way connected with (i) any use of the Website; (ii) any failure or delay including but not limited to the use or inability to use any component of the Website; or (iii) the performance or non-performance by us, even if we have been advised of their possibility or they are reasonably foreseeable.

You agree that we, our directors, employees, agents and affiliates shall not be liable to you or any third-party for any losses, damages, costs or expenses arising out or in connection with the use of any of the information, services or material provided through the Website even if we have been advised of the possibility of such loss or damage or such loss or damage are reasonably foreseeable.

UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST ICONIX BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. ICONIX AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:

• LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
• THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
• ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR
• AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE

EVEN IF ICONIX AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• ICONIX DOES NOT WARRANT AND REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE ICONIX FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.
• ICONIX WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. ICONIX WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE ICONIX FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
• THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO USERS. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO SERVICE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

20. GOVERNING LAW, JURISDICTION AND FORUM

These Terms and Conditions contained shall be construed in all respects in accordance with the laws of Malaysia and the Malaysian Courts shall have exclusive jurisdiction over all matters arising from these Terms and Conditions.

If you are accessing the Website from outside of Malaysia, you do so on your own initiation and are responsible for all local laws, if and to the extent that such local laws are applicable and you irrevocably and unconditionally agree and consent that any cause of action that you may submit in connection with the use of the Website in accordance with these Terms and Conditions shall be filed in the Courts of Malaysia which shall be the exclusive forum and venue for any legal disputes between Iconix, its respective subsidiaries, affiliates and associated companies and you.

21. NOTICE

Iconix may give notice through the Application, electronic mail to your email address in the records of Iconix, or by written communication sent by registered mail or pre-paid post to your address in the record of Iconix. 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 1 hour after sending (if sent by email and/or SMS and/or Whatsapp). You may give notice to us (such notice shall be deemed given when received by Iconix) by letter sent by courier or registered mail to Iconix using the contact details as provided in the Application.

We shall not be responsible for any failure or delay in sending notifications or reminders to you and you shall be responsible to log in to your account registered with us to check for all messages or notifications.

22. ASSIGNMENT

This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of Iconix but may be assigned without your consent by Iconix. Any purported assignment by you in violation of this section shall be void.

23. MODIFICATIONS TO TERMS

We reserves the right to modify, vary and change the Terms and Conditions of Service or its policies relating to the Services as it deems fit. Your continued use of the Service shall constitute your acknowledgement and acceptance of such modification, variation and/or change.

24. RELATIONSHIP

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with Iconix. No joint venture, partnership, employment, or agency relationship exists between you, Iconix or any third-party provider as a result of the Terms and Conditions of Service or use of the Service.

25. SEVERABILITY

If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

26. NO WAIVER

The failure of Iconix to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.

27. SUSPENSION AND TERMINATION

You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.

28. NO THIRD PARTY RIGHTS OR ASSIGNMENT

This agreement does not give rights to any third parties who are not party to this Agreement.