PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
In these Terms, the words "including" and "include" mean "including, but not limited to."
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and ML Vision Tech. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. ML Vision Tech may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
ML Vision Tech may amend the Terms related to the Services from time to time. Amendments will be effective upon ML Vision Tech's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
ML Vision Tech provides an artificial intelligence platform that enables our partners and customers to discover, detect and differentiate visually recognizable objects (collectively known as “Services”), which Services are accessible on and any other websites through which ML Vision Tech makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
"Client" means a Member who connects to use the Services via the Site, Application, or a Member who subscribes to our Services.
"Collective Content" means Member Content and ML Vision Tech Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Listing" means a product or asset that is listed by a Member as available for use and subscription via the Site, Application, and Services.
"Member" means a person who completes ML Vision Tech's account registration process, including but not limited to Clients via the Site, Application or Services.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Airbnb promotional campaign to be made available through the Site, Application or Services.
"ML Vision Tech Content" means all Content that ML Vision Tech makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), tourist taxes, fees (such as setup fees) that ML Vision Tech may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
The Services constitute a technology platform that enables users of ML Vision Tech's mobile applications or websites provided as part of the Services (each, an "Application") to list, discover, detect, differentiate and facilitate selling of products under agreement with ML Vision Tech or certain of ML Vision Tech's affiliates ("Third Party Sellers"). Unless otherwise agreed by ML Vision Tech in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
Subject to your compliance with these Terms, ML Vision Tech grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by ML Vision Tech and ML Vision Tech's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ML Vision Tech; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under ML Vision Tech's various brands or request options associated with transportation or logistics, including the connection request brands currently referred to as "ML Vision Tech”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of ML Vision Tech's subsidiaries and affiliates; or (ii) independent Third Party Sellers.
Third Party Services and Content.
The Services and all rights therein are and shall remain ML Vision Tech's property or the property of ML Vision Tech's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner ML Vision Tech's company names, logos, product and service names, trademarks or services marks or those of ML Vision Tech's licensors.
THE USE OF SERVICES
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to ML Vision Tech certain personal information, such as your name, email, mobile phone number, age and location, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or ML Vision Tech's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by ML Vision Tech in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to purchase products from Third Party Sellers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no hacking or cyber-terrorism). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Seller or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text messages from ML Vision Tech at any time by logging off from your account. You acknowledge that opting out of receiving text messages may impact your use of the Services.
ML Vision Tech may, in ML Vision Tech's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that ML Vision Tech establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ML Vision Tech; (iii) may be disabled by ML Vision Tech at any time for any reason without liability to ML Vision Tech; (iv) may only be used pursuant to the specific terms that ML Vision Tech establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. ML Vision Tech reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that ML Vision Tech determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
ML Vision Tech may, in ML Vision Tech's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to ML Vision Tech through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to ML Vision Tech, you grant ML Vision Tech a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ML Vision Tech's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant ML Vision Tech the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor ML Vision Tech's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ML Vision Tech in its sole discretion, whether or not such material may be protected by law. ML Vision Tech may, but shall not be obligated to, review, monitor, or remove User Content, at ML Vision Tech's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. ML Vision Tech does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Seller ("Charges"). After you have received services or goods obtained through your use of the Service, ML Vision Tech will facilitate your payment of the applicable Charges on behalf of the Third Party Seller, as such Third Party Seller’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Seller. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by ML Vision Tech. You retain the right to request lower Charges from a Third Party Seller for services or goods received by you from such Third Party Seller at the time you receive such services or goods. ML Vision Tech will respond accordingly to any request from a Third Party Seller to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by ML Vision Tech using the preferred payment method designated in your Account, after which ML Vision Tech will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that ML Vision Tech may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and ML Vision Tech, ML Vision Tech reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in ML Vision Tech's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. ML Vision Tech will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. ML Vision Tech may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
Any representation by ML Vision Tech (on ML Vision Tech's website, in the Application, or in ML Vision Tech's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that ML Vision Tech provides any additional amounts, beyond those described above, to the Third Party Seller. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Seller who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Seller.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ML VISION TECH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ML VISION TECH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ML VISION TECH DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY SELLERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
ML VISION TECH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF ML VISION TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ML VISION TECH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY SELLER, EVEN IF ML VISION TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ML VISION TECH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ML VISION TECH’S REASONABLE CONTROL.
ML VISION TECH’S SERVICES MAY BE USED BY YOU TO DETECT AND DIFFERENTIATE OBJECTS PROVIDED BY THIRD PARTY SELLERS, BUT YOU AGREE THAT ML VISION TECH HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY SELLERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold ML Vision Tech and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) ML Vision Tech's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Sellers.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by and construed in accordance with the laws of Malaysia and any dispute or claims thereof shall be subject to the exclusive jurisdiction of the courts of Malaysia.
Choice of Law.
These Terms are governed by and construed in accordance with the laws of Malaysia, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to ML Vision Tech's designated agent. Please visit ML Vision Tech's web page at www.mlvision.tech for the designated address and additional information.
ML Vision Tech may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by registered post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered post) or 12 hours after sending (if sent by email). You may give notice to ML Vision Tech, with such notice deemed given when received by ML Vision Tech, at any time by first registered post to ML Vision Tech Sdn. Bhd., Attn: User Notices - Legal, UNIT 3A01A, LEVEL 3A, GLO DAMANSARA, 699 JLN DAMANSARA, 60000 KUALA LUMPUR, MALAYSIA.
You may not assign these Terms without ML Vision Tech's prior written approval. ML Vision Tech may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ML Vision Tech's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, ML Vision Tech or any Third Party Sellers as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. ML Vision Tech's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ML Vision Tech in writing.