Terms of Use

Last updated: 09-Nov-2022

VaazMe Sdn. Bhd. [202201035136 (1480833-W)] (“VaazMe” or “we”) is a company incorporated in Malaysia under the Companies Act 2016 and principally involved in identity verification services.

Definitions

The following terms shall have the following meanings in the terms and conditions of our online services on vaaz.me or www.vaaz.me (“Online Services”) and future relevant mobile applications (“Apps”). These terms and conditions together with the Privacy Policy located at vaazme.com.my/privacy-policy (collectively known as “The Agreement”) govern your use of said services.

1. “Customer”, “registered user”: Any person who has created a user account on www.vaaz.me, including any person authorised, permitted or approved by us or you to access and use our identity verification services.
2. “User”, “you”, “your”: Any person who has accessed www.vaaz.me, with or without creating a user account, whether to browse and view our website content, to use or access our services, including customers and any person authorised, permitted or approved by us or you to access and use our identity verification services.
3. “VaazMe”, “we”, “us”: VaazMe, the company and any personnel or any person authorised, permitted or approved by us to represent the company.
4. “Privacy Policy”: The personal data and privacy policy that VaazMe has issued in relation to the collection, storage, processing, and disclosure of data of the customers and users of VaazMe.
5. “Platform”: The online platform www.vaaz.me operated by VaazMe.
6. “Services”: Any services provided by VaazMe or third party entities affiliated with VaazMe through the Platform.
7. “User Submission”: Any data that is submitted by any Customer or User of VaazMe through the Platform or Services or to any personnel or representative of VaazMe.

Acceptance of Terms

By registering for and/or using the Platform and Services in any manner, including but not limited to visiting or browsing the website, where applicable, you are deemed to have agreed to and accepted all of the terms and conditions contained herein (“Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on the website by VaazMe, each of which is incorporated by reference and each of which may be updated by VaazMe from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. In addition, some services offered through the Platform may be subject to additional terms and conditions specified by VaazMe from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

These Terms of Use apply to all users of the Platform, including, without limitation, users who are requesters or providers of data, information, and other materials or services on the website, individual users of the Platform and venues that access the Platform.

Please refrain from browsing, accessing, using, purchasing and/or subscribing to our Platform and/or identity verification services and leave our website immediately if you do not accept or agree to any of these Terms of Use.

Access

Subject to these Terms of Use, VaazMe may offer to provide the Services, as described more fully on our website, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Online Services shall include, but shall not be limited to, any services VaazMe performs for you, any future applications offered by VaazMe that you download from our website or, subject to the terms set out under the “Third Party Sites and Services” section below, from third party application stores (e.g. iTunes® store or Google Apps Marketplace) authorised by VaazMe, as well as the offering of any data displayed, received, or given on the Platform or through the Services.

Registration and Eligibility

You may need to register for an account to access some or all of our Services. If you register for an account with VaazMe, you shall provide VaazMe with accurate and complete registration information (including, but not limited to your email address and/or mobile telephone number you will use to access the Platform). You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your VaazMe account. We recommend that you use your own name as your user name (“User Name”) so you can be recognized more easily during transactions.

You agree that you will not:

• create an account for anyone other than yourself without such person’s permission;
• create a username that is the name of another person with the intent to impersonate that person;
• create a user name or VaazMe account that is subject to any rights of a person other than you without appropriate authorization; or
• create a user name that is a name that is offensive, vulgar or obscene or otherwise unlawful.

VaazMe reserves the right to, in its sole discretion, refuse the registration of or remove an account. You are solely responsible and liable for activity that occurs on your account. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify VaazMe in writing of any unauthorised use of your account, or other account-related security breach of which you are aware.

You must be at least 18 years of age to access or use the Services. VaazMe may, in its sole discretion, refuse to offer the Online Services to any person or entity and change its eligibility criteria at any time.

If you use a mobile device, please be aware that where SMS messages are sent to your mobile telephone number, your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Platform within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

Privacy

By using the Platform and Services, you consent to VaazMe’s collection, storage, processing, and disclosure of information about you. Please refer to our Privacy Policy at vaazme.com.my/privacy-policy for information about how we collect, store, process and disclose information about you. Please review our data collection practices carefully before using our Services.

Platform

To the best of its knowledge, VaazMe has taken all steps to ensure the accuracy and correctness of the information or data on the Platform or delivered through the Services. VaazMe does not warrant the timeliness, conclusiveness, accuracy, truthfulness, reliability, and completeness of the information provided on the Platform or delivered through the Services.

VaazMe may perform scheduled or unscheduled maintenance or fixes or upgrades to the Platform which may temporarily reduce the quality of the Platform or Service or cause a partial or complete outage of the Platform. Under such circumstances, VaazMe shall not be liable to you or any third party for loss or damages suffered as a result of such reduction of quality or outage.

Data

All data is the sole responsibility of the person who originated such data. You acknowledge that all data accessed by you using the Platform is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “data” includes, without limitation, any personal information as set out in the Privacy Policy, any location information, text, or images provided, or otherwise you make accessible to VaazMe on or through any of the VaazMe Services.

VaazMe Content

The Platform and Services contain content specifically provided by VaazMe or its partners and licensors, and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Platform and Services.

Subject to these Terms of Use, VaazMe grants you a personal, worldwide, royalty-free, nonexclusive, non-sublicensable, non-transferable and revocable licence to access, and use the content, solely for non-commercial use. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. You agree not to authorise or permit any third party to distribute or make any future Apps available over a network where it can be used by multiple devices at the same time; nor will you remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Platform and Services. You shall not sell, licence, rent, or otherwise use or exploit any content for commercial (whether or not for profit) use or in any way that violates any third party right.

Rules and Conduct

As a condition of your use, you shall not use the Platform and Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of your activity in connection with the Platform and Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, submit or otherwise distribute or facilitate distribution of any data or content on or through our Platform and Services, including without limitation any User Submission, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, predatory, stalking, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate or objectionable as determined by VaazMe in its sole discretion;
• constitutes unauthorised or unsolicited advertising, junk or bulk e-mail (“spamming”);
• contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information of VaazMe or any third party;
• impersonates any person or entity, including any employee or representative of VaazMe;
• breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.

VaazMe has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who submits child pornography.

You shall not (directly or indirectly):

• take any action that imposes or may impose (as determined by VaazMe in its sole discretion) an unreasonable or disproportionately large load on VaazMe’s (or its third party providers’) infrastructure;
• interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Platform;
• bypass any measures VaazMe may use to prevent or restrict access to the Platform and Services (or other accounts, computer systems or networks connected to the Services);
• run any form of auto-responder or “spam” on the Platform;
• use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website;
• harvest or scrape any data or content from the Platform and Services;
• modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Platform or Services (other than your User Submissions), except as expressly authorised by VaazMe;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform or Services (including without limitation any application or widget), except to the limited extent applicable laws that specifically prohibit such restriction;
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
• use the Platform and Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our services or that could damage, disable, overburden or impair the functioning of our services in any manner;
• otherwise take any action in violation of VaazMe’s guidelines and policies.

VaazMe reserves the right to (a) remove, suspend, edit or modify any data or content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such data or content or if VaazMe is concerned that you may have violated these Terms of Use), or for no reason at all and (b) to remove, suspend or block any User Submissions from the Platform and Services. VaazMe also reserves the right to access, read, preserve, and disclose any information as VaazMe reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of VaazMe, its users and the public.

Third Party Sites and Services

VaazMe may use other public sources and third party entities to provide verification-related services and assist with some of the functions of the Platform and Services. These parties may have access to some of your information to perform their functions. Where the Service involves third party entities for delivery of the results of a User Submission, VaazMe shall not be liable for any delay or non-delivery of Service caused by such third parties.

The Platform may contain links to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the VaazMe website. When you access third party websites, you do so at your own risk. Each party’s terms will govern the respective party’s relationship with you. These other websites are not under VaazMe’s control, and you acknowledge that VaazMe is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by VaazMe or any association with its operators. You further acknowledge and agree that VaazMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Termination

Users may terminate your use of VaazMe and delete your VaazMe user account at any time.

VaazMe may terminate your access to all or any part of the Platform and Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the Platform and Services. Any fees paid hereunder are nonrefundable.

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

VaazMe has no special relationship with or fiduciary duty to you. You acknowledge that VaazMe has no duty to take any action regarding: which users gain access to the Platform and Services; what data you receive via the Platform and Services; effects, if any, the data or content may have on you; how you may interpret or use the data; or what actions you may take as a result of having been exposed to the data or content.

You release VaazMe from all liability for you having acquired or not acquired data or content through the Services, or your use or inability to use the Platform and Services. The Platform may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. VaazMe makes no representations concerning any data contained in or accessed through the Services, and VaazMe will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

You release us from all liability relating to your connections and relationships with other users of the Sites. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Platform and Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise interact with through the Online Services.

The Platform, Services, data and content are provided “as is”, “as available” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.

VaazMe, and its members, employees, agents, representatives, suppliers, partners and content providers do not warrant that the results of using the online services will meet your requirements. Your use of the Platform, Services, data and content is solely at your own risk. some states/countries do not allow limitations on implied warranties, so the above limitations may not apply to you.

Indemnity

You shall defend, indemnify, and hold harmless VaazMe, its subsidiaries, affiliates and each of its and its subsidiaries’, affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including legal costs or liabilities, that arise from or relate to your use or misuse of, or access to, our Platform, Services and Content or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. VaazMe reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with VaazMe in asserting any available defences.

Intellectual Property Rights

The name, images, graphics, and logos or any other trademark identifying VaazMe or third parties and all rights to the trademarks are expressly reserved by VaazMe or the relevant third parties and all intellectual property rights therein or thereto belong to VaazMe.

This agreement does not grant you any intellectual property rights in relation to the Services, any data, or information obtained from the Platform or VaazMe in any trademark used by VaazMe.

You shall not do anything which breaches or otherwise interferes with VaazMe’s intellectual property rights or the intellectual property rights of any third party entities affiliated with VaazMe.

Limitation of Liability

All liability of VaazMe, its subsidiaries and affiliates, each of it and its directors, employees, agents, representatives, partners, suppliers or content providers arising for any loss suffered as a result of your use our Platform, Services, data, content or User Submissions is expressly excluded to the fullest extent permitted by law, except that if a court of competent jurisdiction determines that liability of VaazMe, its directors, employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to one hundred Malaysian Ringgit (RM100). To the maximum extent permitted by applicable law, in no event shall VaazMe, its subsidiaries and affiliates, nor it and its directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not VaazMe, its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to our Platform, Services, data, content or User Submissions for:

• indirect or consequential losses or damages;
• loss of actual or anticipated profits;
• loss of revenue;
• loss of goodwill;
• loss of data;
• loss of anticipated savings;
• wasted expenditure; or
• cost of procurement of substitute goods or services.

Nothing in these Terms Of Use shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms of use. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, VaazMe’s liability will be limited to the fullest extent permitted by applicable law.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the courts in Malaysia.

Integration and Severability

These Terms of Use are the entire agreement between you and VaazMe with respect to the Services and use of the Platform, Online Services, data, content or User Submissions, and supercede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and VaazMe with respect to our Platform. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, VaazMe must provide you with written notice of such waiver through one of its authorised representatives.

Modification of Terms of Use

VaazMe reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, fees, pricing, data, or content) at any time by posting a notice on our website or by sending you notice via email. VaazMe may also impose limits on certain features and services or restrict your access to parts or all of the Platform and Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Platform and Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Miscellaneous

VaazMe shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond VaazMe’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with VaazMe’s prior written consent. VaazMe may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Contact

You can contact us by sending an email to support@vaaz.me.