THE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS, DISCLAIMERS 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."
You hereby expressly agree that your access to and use of the Service constitutes your acceptance of the Terms, which will create a binding and enforceable contractual relationship between you and MLVT. If you do not agree to the Terms, you may not access or use the Service.
MLVT shall in its absolute discretion apply supplemental terms to the Service (the “Supplemental Terms”). In such event, the Supplemental Terms will be disclosed to you in region-specific disclosures, or in connection with the Service, or in such other manner as MLVT may consider appropriate. Supplemental Terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the Service. In the event of a conflict between the Terms and the Supplemental Terms with respect to the Service, the Supplemental Terms shall take precedence.
MLVT may also amend the Terms from time to time without obtaining the consent of any person. Notwithstanding a notice may be posted by MLVT on the home page of the Service that the Terms have been amended, such notice may not remain in place for an extended period. Accordingly, you should review the Terms as posted on the Service from time to time. Such amendments will be effective upon the posting of the relevant notice on the home page of the Service by MLVT. Your continued access to or use of the Service after such posting constitutes your consent to be bound by the Terms, as amended.
Nature and Purpose of the Service
The Service is provided to help you identify durians based on their distinctive characteristics through image recognition technology. MLVT uses photographs and/or images submitted by you to provide the Service. The Service may also allow you to share the results of identification with another person, view information relating to durians, and/or submit or convey information and/or opinions relating to durians in accordance with the Terms hereof. MLVT shall not however be obligated to review or monitor such information and/or opinions relating to durians submitted or conveyed by you, and accordingly shall not be responsible for any losses whatsoever and howsoever arising out of or in connection with such information and/or opinions.
Use of the Service
You may use the Service via a compatible Internet browser or mobile device, which may require network connections and software. You agree that MLVT shall not in any way be responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device, telecommunications and Internet service provider. MLVT also does not guarantee that the Service, or any portion thereof, will function on any hardware, software or device. Accordingly, you are responsible for acquiring and updating a compatible Internet browser or a device to access and use the Service, and shall obtain the data network necessary to access and use the Service at your own expense.
Additionally, the Service may include or be distributed alongside certain third-party software ("Third-Party Software") that may be used by you in conjunction with the Service in accordance with the Terms hereof. Notwithstanding you may have broader rights under the licence terms with the respective Third-Party Software, you acknowledge that nothing in the Terms is intended to impose further restrictions on your use of such Third-Party Software.
In the course of using the Service, you may also provide feedback, suggestions or ideas, including any modifications to or improvement of the Service, or other related products or services, advertising or marketing materials, and you hereby agree that MLVT may use your feedback, suggestions, or ideas in any way without your consent. You agree that MLVT may send you informational text messages as part of the normal business operation of your access to and use of the Service. Although you may opt-out of receiving text messages from MLVT at any time, it may impact your access to and use of the Services, and MLVT shall not in any way be responsible or liable for such impact.
You agree that your access to and use of the Service is subject to all applicable international, federal, state and local laws, regulations, ordinances, by-laws and guidelines. Accordingly, you are only entitled to access and use the Service for lawful purposes only. You also hereby represent and warrant that you will not use the Service in any manner or for any purposes that are unlawful or prohibited by the Terms, whether expressly or implicitly.
USE BY MINORS
The Service was not designed for, nor it is intended for use by, anyone under the age of 18, or the age of legal majority in your jurisdiction (if different than 18). By using the Service, you represent and warrant that you have attained the age of legal majority. If you are not, you should not use, access, or register for the Service for whatever reason. MLVT reserves the right to terminate your account (if you have created one as will be explained below) and use of the Service in the event MLVT becomes aware that you are not of 18 years of age or older, or not of the age of legal majority in your jurisdiction (if different than 18).
In order to use the Service, you may register by creating an account (the “User Account”) on the Web or the App. Unless otherwise permitted by MLVT in writing, you may only possess one User Account at all times. The registration of a User Account will require you to submit to MLVT certain personal information, such as your name, email, mobile phone number, age, location, and where applicable, one valid payment method. You acknowledge that MLVT owns your User Account credentials, and may revoke or change them at any time.
You agree to take the sole responsibility for maintaining accurate, complete, and up-to-date information in your User Account. You agree that your failure to maintain accurate, complete, and up-to-date information may result in your inability to access and use the Services, or the removal of your User Account by MLVT.
You are also responsible for taking measures to maintain and preserve the confidentiality of your username, password and details of your payment method associated with your User Account, and you must notify MLVT immediately of any unauthorized use or suspected breach of security of your User Account. MLVT shall not be liable in any manner for losses of any kind directly or indirectly resulting from any unauthorised use of your User Account or failure to maintain appropriate confidentiality measures. You also agree not to disclose any confidential information of your User Account to any third party, and that you shall be solely responsible for any and all activities or actions under your User Account, whether or not you have authorized such activities or actions.
In any event, you agree that you shall not misrepresent yourself by submitting personal details that are false, misleading or deceiving in nature. For example, you shall not mislead others into thinking that you represent another specific individual or organisation, although the use of pseudonyms is allowed to the extent permitted by the applicable laws.
The access to and use of the Service on the Web or the App is generally free of charge, but you acknowledge that the access to and use of certain additional features or functionalities of the Service may result in charges to you for such additional features or functionalities of the Service provided by MLVT (the "Charges"). In the event you wish to subscribe for those added functionalities of the Service, you will be required to make payment to MLVT through an authorised payment method (credit card, debit card, carrier billing and online banking or such other methods as prescribed by MLVT from time to time) with your third-party payment provider, whereupon a payment receipt will be sent to your registered email if the payment was processed successfully. Upon the completion of a successful payment transaction, your purchase will be fulfilled to you as soon as possible. For the avoidance of doubt, the Charges will be inclusive of all applicable taxes, and such Charges are final and non-refundable unless otherwise determined by MLVT in writing.
If your payment method is determined to be expired, invalid or your transaction with your third-party payment provider is not successful, then your purchase will not be fulfilled and no Charges will be imposed on you or your User Account (if you have created one). Additionally, in the event your User Account (if you have created one) is terminated, suspended or removed for any reason whatsoever in accordance with the Terms hereof, you will also not be reimbursed for or refunded any Charges paid by you, and MLVT shall not be liable for compensating you for suffering or incurring any losses, costs or charges of any kind resulting from such termination, suspension or removal of your User Account.
You agree that MLVT reserves the right to establish, remove and/or revise the Charges at any time. In the event of a revision of the Charges, MLVT will use reasonable endeavours to inform you of such revision. You further agree that MLVT shall not in any way be responsible or liable for any overcharges on the use of or losses resulting from the use of the Service which are attributable to your third-party payment provider’s operational failure, delay, interruption, error or negligence, and any arrangements entered into or made between you and your third-party payment provider. If you are unsure whether you will be subject to any additional charges imposed by your third-party payment provider, you should check with your provider before making a purchase via the Web or the App. For the avoidance of doubt, MLVT is and will not be a party to any arrangement between you and your third-party payment provider.
By using the Service, you may submit, upload, post and/or convey information, data, files, passwords, usernames, PINs, other log-in information, photographs, images, information and/or opinions relating to durians, and such other information that may be necessary to access or use the Service (collectively, the “User Content”). You acknowledge that MLVT strictly prohibits the misuse of the Service and the misconduct of users on the Web, the App and other related sites, and accordingly you will use the Service with the highest integrity and in an ethical fashion.
You hereby expressly agree that you shall not submit, post or share any User Content on the Web, the App or other related sites that: (i) infringes or misappropriates any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that (ii) violates any applicable laws; (iii) is or may reasonably be considered to be defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or harassing to any person (including cyberbullying), (iv) is or may considered to be pornographic or obscene; (v) breaches the terms of any other agreement you may have entered into with a third party; (vi) contains any computer viruses, Trojan horses, worms or other potentially damaging, destructive or contaminative computer programs or files that will interfere with the operation of MLVT or the Service; (viii) contains any spam or any unethical or unwanted commercial contents that will lead traffic to or boost the search engine rankings of third-party sites; or (ix) contains such other contents or materials that are misleading in nature to other users, whether as to the source of the contents or material or otherwise.
In furtherance of the above, you agree that you will not: (i) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion of the Service; (ii) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service except as may be permitted by applicable law; (iii) link to, mirror or frame any portion of the Service; (iv) 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 Service; or (v) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks.
In the event you submit, post or share any User Content in contravention of the Terms hereof, you agree that you are entirely responsible for such submission, posting or sharing of that User Content, and shall indemnify MLVT from all losses and harm of any kind resulting from that User Content. You also understand that MLVT may, but shall not be obligated to, review, monitor, or remove the User Content, at any time and for any reason, without further notice to, consultation or consent from you.
In the event you delete any User Content, MLVT will use reasonable endeavours to remove it from the Website or the App, but you acknowledge that caching or references to such deleted User Content may not be made unavailable instantly.
RIGHTS GRANTED BY YOU TO MLVT
By submitting, sharing or posting the User Content to MLVT through the Service, you grant a non-exclusive, full-transferable, sub-licensable, irrevocable, fully-paid up, royalty-free, perpetual, extraterritorial licence to any and all User Content to MLVT for the purpose of providing the Service, or any other similar services at MLVT’s sole discretion. Accordingly, MLVT may 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 without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You further represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, titles, benefits, permits, registrations, licenses, consents and releases necessary to grant MLVT the license to the abovementioned User Content; (ii) neither the User Content nor your submission, uploading, publishing, sharing, posting or otherwise making available of such User Content nor MLVT’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 laws or the Terms hereof; and (iii) the User Contents that are posted, uploaded or shared by you are accurate and not misleading.
Unless otherwise expressly stated herein, all texts, images, graphics, photographs, video clips, designs, icons, sounds, information, data, and other materials and information (whether machine-readable or visually readable or otherwise) appearing on the Service which are not User Content (the “Provider Content”) and all methods, methodologies, procedures, processes, know-how, software, algorithms, techniques, and other technology (the “Technology”) displayed, used, featured or incorporated on the Service are and shall at all times remain the rights and property of MLVT, or the property of MLVT’s licensors. Such rights as set forth above shall include, without limitation, copyrights, trademarks, service marks, trade secrets and any other rights that are proprietary in nature to MLVT, in MLVT’s sole discretion.
You hereby agree that you may use the available Provider Content and Technology only for your own non-commercial and personal use, and shall not exploit or attempt to exploit them for commercial reasons. You may also print a copy of the available Provider Content solely for your own personal use, but you may not (i) remove any copyright, trademark, service marks, service names, or other notice displayed on the corresponding webpage or print-out without the prior written consent of MLVT, (ii) use the available Provider Content and Technology on behalf of any third party or as part of a managed service, (iii) 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 MLVT or the respective owner, and (iv) use or reference in any manner MLVT’s company names, logos, product and service names, trademarks or services marks or those of MLVT’s licensors.
You further agree that neither the Terms nor your use of the Service convey or grant to you any rights in or related to the Service except for the limited license granted above.
You further understand and agree that MLVT may store information on your computer or device in the form of a “cookie” or similar tool for purposes of improving the functionality of the Service. If you do not agree to the use of such “cookie” or any equivalent tool, you may not access to or use the Service.
ALL PRODUCTS, SERVICES, INFORMATION, DATA, TEXT, USER CONTENT, PROVIDER CONTENT, TECHNOLOGY, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. MLVT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. IN FURTHERANCE OF THE ABOVE, MLVT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICE OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS ON THE SERVICE WILL BE CURED, CORRECTED OR REMEDIED, OR THAT THE SERVICE AND ITS SERVERS WILL BE FREE OF VIRUS, TROJAN HORSES, WORMS AND OTHER HARMFUL COMPONENTS THAT MAY DESTROY YOUR HARDWARE, SOFTWARE, COMPUTER, COMPUTER SYSTEM OR DEVICE. ADDITIONALLY, YOU EXPRESSLY AGREE THAT YOU SHALL NOT RELY ON THE SERVICE TO DETERMINE WHETHER ANY DURIAN, FRUIT, OR OTHER SUBSTANCE IS SAFE TO EAT OR OTHERWISE CONSUME. YOU HEREBY AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, WHETHER DIRECTLY OR INDIRECTLY, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAWS.
You shall fully indemnify, hold harmless and defend MLVT, its licensors and service providers, and their respective past and present members, directors, officers, employees, agents, contractors, and representatives (“Indemnified Parties”) from and against any and all actions, claims, costs, damages, demands, expenses, losses (including but not limited to any direct, indirect, punitive, or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses), payments, fines, penalties and liabilities of any kind directly or indirectly, whether in contract, tort (including negligence), breach of statutory duty, strict liability or otherwise, made against, suffered, or incurred by the Indemnified Parties arising out of or in connection with (i) your breach or violation of any of the Terms, including any warranty that you have provided herein; (ii) your use of the Service or services obtained through your user of the Service; (iii) MLVT’s use of your User Content; and (iv) your violation of the rights of any third party.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MLVT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SUCH DAMAGES, INCLUDING ANY LOSSES OR DAMAGES, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, STRICT LIABILITY OR OTHERWISE, AND EVEN IF THE DAMAGES WERE REASONABLY FORESEEABLE OR THAT MLVT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY PARTICULAR DAMAGES, THAT ARE ASSOCIATED WITH: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, OR DATA, OR OTHER SUCH LOSSES; (II) YOUR INABILITY TO USE THE SERVICE, ANY UNAUTHORIZED USE OF THE SERVICE, OR ANY FUNCTION OF OR BREAKDOWN OF THE SERVICE; (III) THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE THOUGH THE SERVICE; (IV) ERRORS OR INACCURACIES IN THE USER CONTENT, PROVIDER CONTENT, TECHNOLOGY, OR ANY ADVERTISING OR OTHER INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS USED, VIEWED, OR OBTAINED THROUGH THE SERVICE; OR (V) ANY PROPERTY LOSS INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS ENCOUNTERED DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SERVICE OR ANY THIRD-PARTY WEBSITE LINKED TO THIS SERVICE. IN NO EVENT SHALL MLVT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RINGGIT MALAYSIA FIFTY (MYR 50).
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.
The Terms shall come into effect upon your first use of the Service, and shall continue in full force and effect until MLVT ceases to operate the Service or removes your User Account (if you have created one) in accordance with the Terms hereof, whichever is earlier. For the avoidance of doubt, MLVT is under no obligation whatsoever to provide the Service on an ongoing basis, and may cease to operate the Service at any time for any reason without further notice to you.
Without prejudice to any of the Terms contained herein, MLVT may remove your User Account (if you have created one) without further notice to you and without your consent in the event of: (i) any dispute or termination of MLVT’s relationship with you; (ii) any dispute concerning ownership or control of your User Account; or (iii) use of your User Account in a manner that MLVT, in its sole discretion, considers improper or unacceptable.
GOVERNING LAW & JURISDICTION
The Terms are governed by and construed in accordance with the laws of Malaysia, and any dispute or claims (including non-contractual disputes or claims) arising out of or in connection with the Terms or its subject matter or formation shall be subject to the exclusive jurisdiction of the courts of Malaysia.
MLVT shall have the right to assign the Terms hereof, and its rights and obligations hereunder at any time to any third party without your consent. In such event, MLVT will take reasonable measures to give you notice of such assignment. You agree that in no event that you may assign the Terms hereof or the rights and obligations hereunder without the prior written consent of MLVT.
MLVT may give notice by means of a general notice on the Service, electronic mail to your registered email address in your User Account (if you have created one), or by written communication sent by registered post to the address specified in your User Account (if you have created one). Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by registered post) or one (1) hour after sending (if sent by email).
You may give notice to MLVT, with such notice deemed given when received by MLVT, at any time by first registered post to ML Vision Tech Sdn. Bhd. at Pusat Perdagangan Puchong Prima, E-03-05, Block E, Jalan Prima 5/3, Taman Puchong Prima, 47100 Puchong, Selangor, Malaysia. Alternatively, you may give notice to MLVT by sending an email to firstname.lastname@example.org, with such notice deemed given one (1) hour after sending the email.
Each Term contained herein shall be deemed to be independent and if any Term or part of a Term shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other Terms or parts of such Terms, all of which shall remain in full force and effect.
No Partnership or Agency
No joint venture, partnership, employment, or agency relationship exists between you and MLVT as a result of your access to or use of the Service.
No failure or delay on the part of MLVT in exercising any power or right hereinunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right or power preclude any other or further exercise thereof or the exercise of any other right or power thereof.