Last Revised: December 3rd, 2018
These terms and conditions govern your access and use of the Heroist.co website, including but not limited to our related sub-websites and related applications, all of its features and content (hereinafter referred to as the “Website”) of our products and/or services provided by Heroist Sdn Bhd and its affiliates (including parent, subsidiary, related and associated companies) (collectively hereinafter referred to as “Heroist”, “we”, “us” or “our”).
We reserve the right to make changes to these terms and conditions at any time or from time to time and at our discretion without prior notice, and you will be deemed to have accepted such change(s) if you continue to access and/or use of our Website or products and/or services subsequent to the change(s). Your access and/or use of the Website after any changes are implemented constitutes your acceptance of the changes. We encourage you to regularly check/visit/read the Terms of Service each time you access and/or use the Website to make sure you are aware of and understand the changes (if any).
The following defined terms shall apply throughout this Terms of Service:
1.1. “Affiliate” means, with respect to a party, any entity which directly or indirectly controls, is controlled by, or is under common control with such party, where “control” means the power, directly or indirectly, to direct, or to cause the direction of, the management and policies of an entity, whether through majority ownership of voting securities or equity interests.
1.2. “Customer Content” means any files, documents and/or other information belonging to Customer or users as uploaded to Customer’s Service account for storage and/or sharing with third parties and is not related to Heroist servicing or accessing Customer’s account.
1.3. “Effective Date” means the earlier of the date (i) Customer submits the initial Order, or (ii) as stated on the signature block of the Order.
1.4. “Order” means any initial or subsequent document and/or online request for access to the products and/or services of Heroist, submitted to Heroist or an authorized reseller of Heroist and/or through the Website.
1.5. “Services” means the generally available product and/or software provided by Heroist, which includes but not limited to Hero G2 Academy, Hero G2 Webinar Special, Hero Pilot VIP or any other affiliated products and/or services thereto, or as further described in the Service Descriptions.
1.6. “Service Descriptions” means the overview and other terms applicable to the Services, as amended from time to time at the sole discretion of Heroist.
1.7. “Updates” means any corrections, bug fixes, new features or functions added to the Services, but shall not include any new versions that Heroist markets and sells separately.
1.8. “Use Level” means the model by which Heroist measures, prices and offers the Service to Customer as set forth on the applicable price list,
Website, Order, and/or Service Description.
2.1. Right To Agree To Terms. You affirm and agree that you: (1) are either 18 years of age or older to use the Services and/or access this Website, and or if you are younger than 18 years of age, you agree to have your parent or guardian’s consent to use the Services and/or access this Website, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with these terms and conditions. You also promise that any registration and/or personal information that you submit to Heroist is true, accurate, and complete, and you agree to keep it that way at all times. Creating an account with false information is a violation of our terms and conditions, including accounts registered on behalf of others and/or persons under the age of 18.
2.2. Right to Use.
2.2.1 Subject to these terms and conditions herein, you shall use the Website and any content, material and information on the Website, which includes the products and/or services offered by Heroist or provided through the Website, including but not limited to, databases, text, documents, images, graphics, designs, compilations, photographs, pictures, drawings, audio and sound recordings, video, animation, links or other items found on the Website (“Content”), solely for all lawful, business, professional, non-commercial, personal purposes only.
2.2.2 Heroist hereby grants the Customer a limited, personal, non-exclusive, non-transferable, revocable license and/or right to access and/or use the Website and Content in accordance with these Terms of Service. Heroist reserves the right to immediately terminate and/or suspend your use and/or access to the Website, in whole or in part, at any time or for a period of time, for any reason at its discretion without warning or notice.
2.2.3 Heroist reserves the right to Update the Services and all Services set forth in the Service Descriptions at any time and at their discretion service. Updates to the Services are included in the Fees and Customer agrees to use the most current version of the Service.
2.3. Limitations on Use.
Except to the extent permitted under these terms and conditions and/or by any applicable law, the Customer agrees, on behalf of itself and its users, not to
(i) Modify, copy, reproduce, republish, transmit or distribute, display, upload to a third-party, prepare derivative works of, reverse engineer, reverse assemble, disassemble, rent, lease, loan, sell, sublicense, decompile or attempt to decipher any code relating to the Content and/or Services for commercial, non-profit or public purposes, in whole or in part except as expressly provided in this Terms of Service or as permitted by the laws of Malaysia;
(ii) Knowingly or negligently access and/or use the Services in a manner that abuses or disrupts Heroist’s networks, security systems, user accounts, or Services of Heroist or any third-party, or attempt to gain unauthorized access to any of the above through unauthorized means;
(iii) Transmit through and/or post on the Services any material that is false, misleading, deemed abusive, harassing, obscene, slanderous, fraudulent or illegal, libellous or otherwise objectionable or unlawful communications and/or information about the Content and/or Services;
(iv) Market, offer to sell, and/or resell the Services to any unauthorized third-party;
(v) Use the Services in violation of Heroist’s policies, applicable laws, ordinances or regulations;
(vi) Use the Services to send unsolicited or unauthorized advertising, junk mail, or spam;
(vii) Harvest, collect, gather information, construct a database in any form (including but not limited to software, user list, database or other lists, compilations, products or services), by way of compiling information obtained from the Website (including but not limited to the Content and/or the Services), or data regarding other users without their consent, either for your own use or for transferring and/or selling to a third-party;
(viii) Transmit through or post on the Services any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, data privacy or right of publicity;
(ix) Transmit or post on the Services any material that contains software viruses or other harmful or deleterious computer code, files or programs;
(x) Use the Services directly or indirectly for competitive benchmarking or other competitive analysis if the Customer is a direct competitor of the applicable Service;
(xi) Submit to, or store in the Services, any Protected Health Information (“PHI”) unless Customer has complied with the section entitled “Customer Content / Customer Accounts / Conduct” below; or
(xii) Make any representations on behalf and/or with respect to Heroist or these terms and conditions (including, without limitation, that Heroist is a warrantor or co-seller of any of Customer’s products and/or services). Heroist shall have sole and exclusive discretion to determine applicability of the restrictions set forth above and any violations thereof.
2.4. Proprietary Rights. Except for the limited subscription rights granted herein under Clause 2.2.2, the Customer has no ownership rights, titles or interest in or in connection with the Services or/or any intellectual property rights and/or proprietary rights related thereto (hereinafter referred to as “Proprietary Rights”). Customer acknowledges that Heroist retains all proprietary rights, titles and interest in and to or in connection with the Services and/or any intellectual property rights and/or proprietary rights related thereto displayed on the Website.
Nothing contained on the Website should be construed as granting any license or right to use any Trademarks displayed on the Website. Any use/misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Service, is strictly prohibited. Heroist reserves the rights to bring any action arising from the improper and/or unauthorised use of the Website, including any action for infringement of its Trademarks and other intellectual property rights.
3. ORDERS, FEES AND PAYMENT
3.1. Orders. Customer may order Services using the current ordering processes on the Website. All Orders are subject to acceptance by Heroist in its absolute discretion. All Customer information provided by or on behalf of Customer must be current, complete and accurate and Customer is responsible for keeping such information updated. Order information is subject to automatic processing by Heroist for the purposes of managing the Customer’s account.
3.2. Heroist reserves the right to charge Customers a non-refundable deposit for the purpose of booking and/or holding the Customers seat for any products and/or Services provided by Heroist, which shall be valid for a period of one (1) year from the date of such payment being made by Customer.
3.3. Fees and Payment. Customer is responsible for all fees applicable to the Services, including any one-time introductory/implementation fees (hereinafter referred to as “Fees”). Customer agrees to all fees/cost/charges and modes of payment, which includes but not limited to online bank transfer and/or debit or credit card, instalment or one-off payment, as set forth on the Website. Unless otherwise agreed in writing, all fees/cost/charges/payments for the Services are due and payable prior to Heroist providing Customer access to the Services. When applicable, Customer authorizes Heroist (i) to take steps to determine whether a debit or credit card number provided is valid, and (ii) charge such debit or credit card in accordance with the billing frequency specified in the Order. Heroist reserves the right to terminate its agreement with Customer immediately in the event any payment information is found at any time to be inaccurate, incomplete and/or not current. Heroist shall not be responsible for any overdraft charges and/or any other fees that may be incurred due to Heroist’s use of the Customer’s debit or credit card for payment hereunder. Heroist reserves the right to revise the prices for Services at any time at their sole discretion as and when they deem fit/necessary. Heroist will notify the Customer of any price changes by publishing on its Website, emailing, quoting or invoicing the Customer. Price changes will be effective as of the next billing cycle.
3.4. Additional Services. Customer may order additional Services at any time. Unless otherwise agreed in the applicable Order, any additional Services ordered by Customer following the Effective Date are subject to these terms and conditions and shall also apply to the existing Services.
3.5. Late Payments. Heroist reserves the right, in its absolute discretion, to (i) suspend or terminate the Services and/or any portion thereof for non-payment of undisputed Fees, and (ii) impose a charge to restore archived data from closed accounts due to non-payment of undisputed Fees. Customer agrees to reimburse Heroist for all reasonable costs and expenses incurred in collecting outstanding amounts of undisputed Fees.
3.6. Taxes and Withholding. Customer shall be responsible for all applicable taxes (including but not limited to withholding tax, sales tax, services tax, tariffs and/or duties) (collectively herein after referred to as “Taxes”) if any imposed by any government entity or collecting agency based on the Services, except those Taxes based on Heroist net income, and/or those Taxes for which Customer has provided a certificate confirming Customer is otherwise exempt. If Customer fails to satisfy its Tax obligations herein, Customer agrees to reimburse Heroist for any Taxes paid on Customer’s behalf and indemnify and hold Heroist harmless against any claim, liability and/or penalties resulting therefrom.
4. REFUND POLICIES
4.1 Except for Hero Pilot VIP purchases and unless otherwise stated on the specific Services, Heroist may, at its sole and absolute discretion, refund any Hero G2 Academy purchases to Customers, provided always that any such request for refund was made within seventy-two (72) hours of the purchase of Heroist’s Hero G2 Academy services by the said Customer. All request for refunds must be made via email to email@example.com. For avoidance of doubt, there is no refund policy for any Hero Pilot VIP purchases.
4.2 In the event seventy-two (72) hours from the purchase of Heroist’s Hero G2 Academy by the Customer has lapse, the following requirements must be complied with in order for any Customer to request for a refund of any Hero G2 Academy purchases:
(a) The Customer has watched all available videos provided in the Hero G2 Academy.
(b) The Customer has created a store with at least ten (10) products following the instructions as provided during the Hero G2 Academy.
(c) The Customer has installed the provided theme and applied the same thereafter.
(d) The Customer had contacted Cason, Zern, Azfar and/or any listed coaches to help solve any issues/difficulties/problems faced by the Customer during the Hero G2 Academy.
(e) The Customer must provide proof that their store is up and functional.
(f) The Customer must provide proof that a minimum of $250 U.S. Dollars has been spent on Facebook ads and followed the Facebook ad targeting instructions as provided during the Hero G2 Academy.
(g) The Customer must be at least forty (40) days into the Hero G2 Academy before any requesting for a refund will be considered by Heroist.
(h) The Customer must make an honest attempt. Heroist reserves the right to refuse any refund request in the event the Customer has not displayed any consistent effort and/or complied and/or followed the instructions as provided during the Hero G2 Academy with regard to the store created by the Customer any listed coaches and/or their support staff. Consistent effort by Customer shall be as determined by Heroist at its sole and absolute discretion.
(i) All criteria for meeting our action based refund must be provided to our support staff via email. The Heroist staff will not go looking for any information nor will information submitted outside of email be considered when assessing the validity of a refund request
(j) We are DEDICATED to your success and want you to use the course. We have no intention of withholding refunds to people who have made an honest attempt and found this business model is not for them. If you are having problems please tag our coaches, we are standing by ready to solve any issue you might have and to help you move forward
4.3 All request for refunds under Clause 4.1 above must be made together with Customers’ supporting documents and sent via email to firstname.lastname@example.org. Heroist shall not be at duty to provide and/or find for the Customer any information to support Customers refund request nor will any information submitted via other methods beside email be considered when assessing the validity of Customer’s refund request.
5. CUSTOMER CONTENT / CUSTOMER ACCOUNTS / CONDUCT
5.1. Customer Content. Customer retains all rights to any and all of its Customer Content and Heroist shall not own or license any data, content, information or material in such Customer Content. Each party shall apply reasonable technical, organizational and administrative security measures to keep Customer Content protected in accordance with industry standards, and Customer shall retain a current copy of Customer Content outside the Services. Heroist will not monitor Customer’s or its user’s use of the Services, and will not view, access or process any Customer Content, except:
(i) for the sole purpose of providing the Services,
(ii) as directed or instructed by Customer and its users, and/or
(iii) for compliance with Heroist policies, applicable law, regulation, or governmental request. Customer shall comply with all intellectual property laws related to the Customer Content and legal duties applicable to Customer as a data controller by virtue of the submission or storage of Customer Content within the Services, including providing all information or notices Customer is required by law to provide to users and obtain consent of the users, where required.
5.2. Customer Accounts. Customer is solely responsible for (i) the configuration of Customer’s Services account, (ii) the operation, performance and security of Customer’s equipment, networks and other computing resources used to connect to the Services, (iii) ensuring all users exit or log off from the Services at the end of each session, (iv) maintaining the confidentiality of Customer’s accounts, user ID’s, conference codes, passwords and personal identification numbers used in conjunction with the Services, and (v) all uses of the Services by Customer and its users. Heroist reserves the right to suspend the Services and/or terminate its agreement with Customer if Customer misuses or otherwise shares login information among users. Customer will notify Heroist immediately of any unauthorized use of its account or any other breach of security. Heroist will not be liable for any loss that Customer may incur as a result of a third-party using its password or account, and Customer may be held liable for any such losses incurred by Heroist. Heroist reserves the right to review Customer’s account to confirm compliance with applicable Use Levels, and to terminate or suspend Customer’s access for overuse and/or misuse. Customer agrees to pay for any charges in excess of permitted Use Levels.
5.3. We reserve the right to discontinue or modify without notice or liability, any portion of the Website.
5.4. You affirm, represent, and warrant that your participation on the Website and any content submitted by you does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that any content submitted by you does not violate the intellectual property rights of any third parties. Heroist further reserves the right to remove content and/or terminate your account without prior notice for a violation of this provision.
5.5. You understand and agree to not place an unreasonable burden on the server hosting the Website, Services, and/or any other related membership website, and to not interfere with the running of the Website and/or attempt unauthorized access to any portion of the Website.
5.6. You understand and agree not to provide any false or misleading information about yourself, so as to impersonate another individual and/or provide misleading or false content.
5.7. You agree that any ideas, suggestions, or improvements that you provide to Heroist about their products and/or services shall be owned by Heroist and that Heroist is free to include such ideas in future products without compensation to you.
7. THIRD PARTY REFERENCES / HYPERLINKS
The Website may contain links to other third-party websites on the internet. These sites may contain information and/or material that some people may find inappropriate or offensive. Heroist assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any third-party links. The Customer is solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any third-party links and/or communications.
We do not control and are not liable for the actions of any third parties linked from our Website, and you acknowledge that Heroist is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. For avoidance of doubt, the inclusion of such a link does not imply endorsement of the site by or any association with its operators.
8. CONTACTING US
If you have any questions or concerns and need to contact us, you can write to the Managing Director addressed to P-1-6 Block P, Plaza Damas, 60 Jalan Sri Hartamas 1, Taman Sri Hartamas, 50480 Kuala Lumpur, Wilayah Persekutuan or send an email to email@example.com.
9. COMPLIANCE WITH LAWS
In connection with the performance, access and/or use of the Services under these terms and conditions, Heroist and the Customer agrees to comply with all applicable laws, rules and regulations including, but not limited to, export and import, data protection, and privacy laws and regulations of Malaysia. Specifically, Customer shall provide Heroist and/or participants with all information or notices as required by applicable privacy and data protection laws to provide and, if necessary, obtain the consent of or provide choices to such persons. Notwithstanding any other provision in these terms and conditions, Heroist shall have the right to immediately terminate this agreement with Customer for non-compliance with applicable laws. This Terms of Service agreement is governed by and to be construed in accordance with the laws of Malaysia. By accessing and using the Website, you hereby consent to submit to the exclusive jurisdiction of the Malaysian courts.
In particular, and without limitation, Heroist may terminate and/or suspend your access to the Website should you breach any of the terms and conditions of this Terms of Service, contravene any laws or infringe the rights of Heroist, any other user of the Website, or any third-party.
10. DISCLAIMER OF WARRANTIES
All Content, materials, information, software, products, and/or services included in or available through the Website are provided to you on an “as is” and “as available” basis for your use. Heroist does not provide any warranties and/or guarantees of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Heroist do not warrant or guarantee that the Website will be continuous, uninterrupted, secure or error free and available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Heroist does not make any warranty as to the results that may be obtained from the use of the Website, or as to the accuracy, correctness, up-to-datedness, reliability, completeness of the contents and/or any information, material, postings, or posting responses found on the Website (including but not limited to the Content), any merchandise or services or any links to other third-party websites made available on the Website. You expressly agree that the access and/or use of the Website is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
11. LIMITATION OF LIABILITY
Under no circumstances shall Heroist (and its directors, employees, agents and representatives) be liable for any direct, indirect, punitive, incidental, special, or consequential including without limitation, losses or damages for loss of profits or revenue, business interruption, loss of information, economic, losses or damages, loss of goodwill or reputation or any common law liability loss or damages that result from the access and/or use of, or inability to access and/or use, the Website and all information, material, postings, or posting responses found on the Website (including but not limited to the Content).
Subject to these terms and conditions herein, the maximum liability of Heroist to any Customer or user, person, firm or corporation whatsoever arising out of or in the connection with any license, use and/or other employment of any Content and/or Service delivered to you hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall be the aggregate amount of the actual price paid to Heroist by you (user) for the Content and/or Service whose license, use, or other employment gives rise to the liability.
The parties acknowledge that the limitations set forth in this section are integral to the amount of consideration levied in connection with the Website and/or Services rendered hereunder.
You shall indemnify and keep indemnified Heroist (and its, directors, officers, employees, agents or assigns) from all liabilities, actions, claims, demands, proceedings, losses and expenses, including any legal fees (on a solicitor and client basis) that may be incurred in connection with or arising from (a) your use or misuse of the Website or Services, or (b) your breach of this Terms of Services, or (c) any claim made by any third-party against Heroist or its directors, officers, employees, agents or assigns in connection with your violation of any law or infringement of the rights of any third-party.
13. ADDITIONAL TERMS
13.1. Services Trial. Heroist may make the Services available to Customer on a trial basis or offer promotional versions of the Services for a limited period of time (hereinafter referred to as the “Trial Period”), as specified on the applicable Order. The Trial Period shall terminate (i) at the end of the stated Trial Period, or (ii) if no such date is specified, thirty (30) days from the date of Customer’s initial access to the Services. Following expiration of the Trial Period, the Services may automatically continue unless cancelled by Customer, and Customer is responsible for payment of the applicable Fees set forth in the Order. During the Trial Period, Heroist provides the Services on an “as is” basis and without warranty or indemnity, to the extent permitted by law, and all other terms of these terms and conditions otherwise apply. Heroist reserves the right at its sole absolute discretion to modify or discontinue any trials or promotions at any time without notice.
13.2. Copyright. In the event Customer believes that the Services have been used in a manner that constitutes copyright infringement, Customer shall notify Heroist by email at firstname.lastname@example.org, and provide all of the following information:
(i) a statement that the Customer has identified content in the Services that infringes a copyright of a third-party for whom the Customer is authorized to act;
(ii) a description of the copyrighted work the Customer claims has been infringed;
(iii) a specific description of where the allegedly infringing material is located in the Services, including a URL or exact description of the content’s location;
(iv) Customer’s name, address, telephone number, and e-mail address;
(v) a statement that the Customer has a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use);
(vi) a statement that the information in the Customer’s notice is accurate and that the Customer is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
(vii) Heroist reserves the right to delete or disable allegedly infringing content, to terminate the accounts of users who are repeat infringers, and to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content.
13.4. Suspension of Service. Heroist may temporarily suspend the Services if it determines, in its sole discretion, that continued provision would compromise the security of the Services due to, without limitation, hacking attempts, denial of service attacks, mail bombs or other malicious activities, and that it will act to promptly resolve any such security issues. Heroist agrees to notify Customer of any such suspension and subsequent reactivation of the Services.
13.5. Assignment. Neither party may assign its rights or delegate its duties under these terms and conditions either in whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that either party may assign these terms and conditions as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. Any attempted assignment without such consent shall be void. These terms and conditions will bind and inure to the benefit of each party’s successors or assigns.
13.6. Notices. All legal notices required under these terms and conditions shall be in writing and delivered in person or by certified or registered mail to the address last designated on the account for Customer, and the Heroist, or such other address as either party may specify by notice to the other party as provided herein. Notice shall be deemed given:
(i) upon personal delivery;
(ii) if delivered by air courier or email, upon confirmation of receipt; or
(iii) five (5) days if delivered by post/mail. Non-legal notices may be provided to the email address specified on the applicable Order and shall be deemed effective on the next business day following the date and time stamp on the sender’s email. Heroist may also provide Customer with notice postings on its Website.
13.7. Entire Agreement. These terms and conditions set forth the entire agreement and understanding of the parties relating to the Services and/or access and/or use of the Website and supersedes all prior and contemporaneous oral and written agreements. In the event of a conflict between an executed Order, these terms and conditions and the Service Descriptions, the conflict shall be resolved in that order, but only for the specific Services described in the applicable Order. Nothing contained in any document submitted by Customer shall in any way add to or otherwise modify these terms and conditions or Heroist’s program terms. These terms and conditions may be revised and/or updated by Heroist from time to time and at our discretion without notice (the revised and/or updated Terms of Service will be identified by the last updated date). Customer’s continued access and/or use of the Service and/or Website constitutes acceptance of such or subsequent changes to the current terms and conditions.
13.8. General Terms. Captions and headings are used herein for convenience only, are not a part of these terms and conditions and shall not be used in interpreting or construing these terms and conditions.
If any provision of these terms and conditions are declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these terms and conditions and the other provisions shall remain in full force and effect. If any part of these terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties.
Nothing in this terms and conditions shall create or be deemed to create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between or among the parties. No person or entity not a party to these terms and conditions will be deemed to be a third-party beneficiary of these terms and conditions or any provision hereof.
Heroist authorized resellers and distributors do not have the right to make modifications to these terms and conditions and/or to make any additional representations, commitments, or warranties binding on Heroist. Heroist’s failure to enforce any term of these terms and conditions will not be construed as a waiver of its right or to enforce any provisions of the terms and conditions in the future. Unless otherwise specified, remedies are cumulative.
No party will be responsible for any delay, interruption or other failure to perform under these terms and conditions due to force majeure events and acts beyond a party’s reasonable control, but only for so long as such conditions persist. Force majeure events may include: acts of god, acts of any Government, natural disasters; wars; terrorist or other hostility activities, civil disorder, the elements of fire, explosion, power failure, failure of the internet and other networks beyond the control of Heroist, equipment failure, industrial or labour dispute, inability to obtain essential supplies and the like.
In the event of inconsistency between the English language version and Bahasa Melayu version of the Terms of Services, the English version of this agreement shall prevail.
14. GOVERNING LAW AND JURISDICTION
These terms and conditions and all matters arising out of it in all respects shall be governed by and construed in accordance with the laws of Malaysia. In relation to any legal action or proceedings arising out of or in connection with this Agreement, you irrevocably submit to the non-exclusive jurisdiction of Malaysia and waives any objections in any such courts on the grounds of venue, or on the grounds that the legal action or proceedings have been brought in an inconvenient forum.
You hereby consent to binding arbitration in Malaysia to resolve any disputes arising under this terms and conditions.
15. ARBITRATION OF DISPUTES
(a) All disputes, controversies or differences which may arise between the parties hereto in respect of the access and/or use of the Website or these terms and conditions or the Services, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Malaysia.
(b) Should the parties however fail to resolve any controversies over the interpretation of or any dispute arising out of this agreement or anything incidental thereto these shall then be resolved by arbitration.
(c) The arbitration shall be held in Asian International Arbitration Centre in accordance with the provisions of the Arbitration Act 2005. The number of arbitrators shall be one (3) and if the Parties hereto cannot agree on the said arbitrator to be appointed, then, the arbitrator shall be appointed in accordance with rules of the Asian International Arbitration Centre. The arbitration shall be conducted in English.
The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Malaysia. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
16. CLASS ACTION WAIVER
Any legal action or arbitration arising out of or in connection with the access and/or use of the Website and/or Services and/or these terms and conditions must be on an individual basis. For avoidance of doubt, this means neither parties may join or consolidate claims by or against other Customers or users or litigate in court or arbitrate any claims as a representative or member of a class.
17. ATTORNEYS’ FEES
In any dispute, action, proceeding, or arbitration regarding the access and/or use of the Website and/or Services and/or these terms and conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).