The Company offers for your access and use the website, www.codezero.app (“Website”) and the ZERO BrandCard™ mobile application (“Application”) and all services and any other features, technologies and/or functionalities offered on the Website and the Application which, individually and collectively, form the digital name card, social, and marketing platform, created, established, provided and maintained by the Company.
The Service has features including, but not limited to, a social platform to share personal stories and media, exchange and store contact details with another party and communicate with another User (as defined below), and a marketing platform to advertise and consume marketing messages, communication, and adverts, and a database to store employee and customer relationship management (CRM) data, the identity details of another party or User whom the employee shares or exchanges his/her digital name card with and the time of such sharing and exchange.
In order to become an authorised User (as defined below) of the Service, you must:-
(b)be at least eighteen (18) years old or older, and a resident of Malaysia; and
(c)list your correct country of origin in your Account (as defined below) (if you are not a Malaysian citizen but a resident of Malaysia).
(a)"Account" means a personal ZERO account, set up in order for User (as defined below) to use the Service.
(b)"Account Profile" means, if you are an individual, the location on the Application or if you are a legal entity, the location on the Website, where you can, after logging in, view and manage your profile, including your personal information, payment method details, topping up your Account, and manage your Account settings including your notification preferences and application programming interface (API) access permissions.
(c)"Application," means the ZERO BrandCard™ mobile application.
(d)“Business Days” means Monday through Friday, except such days gazetted as public holidays in the Federal Territory of Kuala Lumpur.
(e)"Communications" means any Account or transaction information that the Company provides to you, including: any Policies you agree to, including updates to these Policies; annual disclosure; or any information we are required to make available to you in any form for any purposes and any information transmitted to you through the Service.
(f)"Company," "we," "us" or "our" means CODEZERO SDN BHD (Company No. 1247905-T).
(g)"Days" means calendar days.
(h)"Information" means any Account information that you provide to us, including but not limited to personal information, financial information, or other information related to you.
(i)"Intellectual Property Right" means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
(j)"Plan" or "Plans" means the ‘Team’, ‘Startup’’, ‘Scaleup’ and/or ‘Corporation’ plans or such other plans as may be offered by the Company on the Service for subscription.
(k)"Policy" or “Policies” means any Policy or other agreement between you and the Company that you entered into on the Website, or in connection with your use of the Services.
(l)“Service” means the Website and the Application and all services and any other features, technologies and/or functionalities offered by us on the Website and the Application.
(m)“Subscriber” means the person or legal entity subscribing to the Plan.
(n)“User”, “you” or “your” means the person using the Service having a registered Account or having subscribed to a Plan with the Company.
(o)“User Content” means any and all texts, images, videos, audio, and other content in whatsoever form that a User submits to, shares on or uses with the Service.
(p)“Website” means www.codezero.app
2.1In order to register and maintain an Account as well as access and use the Services, you must provide us with correct, complete and updated Information.
2.2It is your responsibility to keep your Information up-to-date so that the Company can communicate with you via the contact information provided by you. You understand and agree that if the Company sends you any form of Communications but you do not receive it due to your Information being incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Communications, the Company will be deemed to have effectively provided and delivered the Communications. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add the Company to your email address book so that you will be able to view the Communications.
2.3You can update your Information at any time by logging into the Application and Website.
2.5You authorise the Company to make any inquiries we consider necessary to validate your identity, whether directly or through third parties. This may include asking you for further Information or documentation, requiring you to provide your company registration number or national identification card number, requiring you to take steps to confirm ownership of your phone number, email address or financial instruments, by ordering a credit report or verifying your Information against third party databases or through other sources.
2.6If your credit card number or expiration date or other information changes, you are required to update the Information to ensure continuous uninterrupted usage of the Service.
3.1You warrant that:
(a)the Information provided by you are correct, complete and accurate, and the User shall ensure the continuous correctness, completeness and accuracy of the Information; and
(b)you shall provide any and all information as prompted or requested by the Service and/or the Company.
3.2You are required to register an Account on the Service in order to access and/or use certain features of the Service.
3.3You acknowledge and agree that you shall be solely responsible for ensuring the confidentiality of your Account login credentials, and shall be fully responsible for all activities under your Account. You agree to immediately notify the Company of any unauthorized use, or any suspected unauthorized use of your Account or any other such breach of security.
3.4You shall be solely responsible for the User Content. You agree that you shall assume and accept all risks associated with the use of the User Content.
3.6You hereby grant, and represent, and warrant that you have the right to grant, to the Company, the right to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and distribute in any manner the User Content without further notice to or consent from you, solely for the purposes of the Service.
3.8All rights in and to the User Content not expressly granted to the Company herein are reserved by the User.
4.1All questions about transactions made with the Service must be directed to us. We are responsible for the Service, answering queries regarding the Service and resolving any errors in transactions made with the Service.
4.2Questions about payments made through the Service can be directed to the Company by telephone or via email as follows:
Telephone : 603 - 7652 2808
E-mail : [email protected]
5.1Online registration for the Service is provided in utmost good faith and belief in the User's identity. The Company accepts no responsibility or liability whatsoever if it is later shown that any such online registration was frivolous, vexatious or fraudulent, or done without your knowledge or consent.
5.2At all times, we will not be liable:
(a)If the failure is caused by an act or omission of someone other than us, such as (for example) your provider of telecommunications services, Internet access or computer equipment or software;
(b)If circumstances beyond our control (such as, a fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services) interfere with the Service, despite reasonable precautions that we have taken;
(c)If your Account is subject to legal process or other restriction on access;
(e)If you had an opportunity to avoid or reduce any such losses or damages and failed to do so.
5.3The Company shall not be liable to the User, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any of the following suffered by the User that arises under or in connection with the Service:
(a)any loss of profit, loss of goodwill, loss of business, loss of market, loss of data, loss of business opportunity, loss of anticipated saving, loss of contract, or other intangible losses;
(b)any special, indirect or consequential damage or pure economic loss, costs, damages, charges or expenses;
(c)any damages related to your access to, use of or inability to access or use the Service or any part thereof, including without limitation interruption of use or cessation or modification of any aspect of the Service;
(d)any damages related to loss or corruption of any content or data, including without limitation User Content;
(e)any User Content or other conduct or content of any other user or third party using the Service, including without limitation defamatory, offensive or unlawful conduct or content; or
(f)any third party services, including but not limited to the Payment Gateway (as defined below) or third party sites accessed via the Service or otherwise in the course of accessing or using the Service.
5.5Any instructions given by you on your Account (whether verbal or in writing) once you have been authenticated will be relied on by the Company. The Company will not be liable for any loss or damage you or anyone else suffers where the Company acts on those instructions in good faith.
5.6If the Company, in its sole discretion, believes that you may have engaged in any illegal activities, we may take various actions to protect the Company, affiliates, other third parties or you from fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a)We may close, suspend, or limit your access to your Account or the Service;
(b)We may refuse to provide the Service to you now and in the future; and
(c)We may hold your funds or any monies due to you (if any) for a period of time reasonably needed to protect against the risk of liability to the Company or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
6.1You shall at all times indemnify and keep indemnified the Company from and against any and all losses and damages, costs (including reasonable legal fees), charges, claims and expenses arising from your breach or non-compliance of any term, obligation, warranty and/or undertaking hereunder, provided that such breach or non-compliance is not attributable to the Company.
7.1We do not charge you any fees to access and use certain features of the Service. For example, you may create a digital name card and share or exchange such digital name card.
7.2However, there are some features on the Service (“Paid Features”) which will require you to subscribe to a Plan before you can access and use such features. For example, access to your company’s network and your employee’s connections.
7.3You may subscribe to any of the Plans on the Service to access and use the Paid Features. The fee payable for such Plans (“Fee”) are as stated on the Service and the Fee shall be payable in advance on a monthly or annual interval as may be selected by you.
7.4The Fee shall be exclusive of any applicable government, state, local or other taxes (“Taxes”). You agree to bear the Taxes, and the Company shall be entitled to charge the Taxes in addition to the Fee as and when required to do so.
Payment of Fee
7.5The invoice shall be made available to you on your Account at such selected intervals and such invoice shall be settled within seven (7) days of the date of such invoice, failing which we shall be entitled to suspend or terminate your Plan.
7.7You agree to pay us the Fee through the Payment Gateway and you further agree to make such payment using the credit card or other payment method provided by you for such purpose.
7.8A receipt from the Company in respect of each payment made shall be made available to you on your Account upon each successful payment made.
Additional Terms and Conditions
7.10Your acceptance of such quotation and your continuing subscription to the Plan shall be deemed as your acceptance to the terms and conditions stated in such quotation.
Cancellation or Termination of Plan
7.14The Company reserves the right to make any changes to the Fee and/or the Plans at any time and in the sole discretion of the Company, and the Company shall notify you in prior in the event of such changes.
8.1You agree that you shall not use the Service for any purpose that is unlawful or prohibited by any applicable laws or regulation.
9.1You acknowledge and agree that the Company may receive, collect, process, use, retain and disclose your private and confidential Information in connection with your use of the Service.
10.1The Company makes no warranties, either express or implied, about the Service. The Service are provided on as “as-is” basis and hereby disclaims, in respect of the Services, all warranties, terms or representations whether express or implied, including, but not limited to, any warranties, terms or representations in respect of or in connection to any merchantability and useability, security of data, fitness for any particular purpose, error-free, lack of viruses, security of internet connection and non-infringement.
10.2In addition to and without derogating from the generality of the foregoing, the Company, in particular, makes no warranty or representation that the Service will:
(a)be timely, uninterrupted or error-free;
(b)meet your requirements or expectations or be adequate and appropriate for your purposes;
(c)be compatible with your equipment, hardware, software or telecommunication connection.
11.1Save for the User Content, the User acknowledges that all Intellectual Property Rights in and to the Service, including but not limited to its source code, technology and design, are owned by the Company.
To the Service
15.1The Company reserves the right at any time to change or discontinue any aspect or feature of the Service, including but not limited to, contents, hours of availability and software and hardware required for access to and utilisation of the Services.
15.2The terms and conditions herein may be added to, deleted or amended by the Company at its sole discretion at any time. You will be deemed to have had notice of any such additions, deletions or amendments upon the posting thereof on the Website. If you do not agree with any such additions, deletions or amendments, you may terminate your subscription to the Service in the manner provided below. If you do not do so and continue to use the Service then you shall be deemed to have agreed to the additions, deletions or amendments.
16.1You may delete your Account or unsubscribe to your Plan at any time on the Service or by contacting us (as applicable).
16.2In the event of any cancellation or termination of your Plan, the Company shall not be liable to, and you shall not be entitled to receive any, refund of the Fee paid to the Company unless otherwise agreed by the Company in its sole discretion.
16.5You may not evade an investigation by closing or deleting your Account. If you close or delete your Account while we are conducting an investigation, we may hold your funds or any monies due to you (if any) to protect the Company, its affiliates or any third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed or deleted.
17.1No delays or omission by us in exercising any rights or remedies provided herein will impair such right or remedy or be construed as a waiver of any such right or remedy. If we exercise any right or remedy, in whole or in part, that exercise will not prevent us from any further or future exercise of such right or remedy or any other right or remedy. No waiver will be valid unless provided in writing and signed by us.
18.1Sections headings and sub-headings are included herein for convenience and reference only.