These terms of use (“Terms”) are prepared by Finalyst Sdn. Bhd. (Registration No.: 202001033266 (1389587-H)) and its group of companies (collectively, “we”, “us” or “our”). We are in the business of providing individuals and corporations with access to a variety of digital resources, including but not limited to, digital documents and a variety of software which are available at https://www.finalyst.app
These Terms govern access to and use of the Platform, any of our websites, mobile applications and/or services (collectively, the “Site”) by site visitors (“Site Visitors”) and by individuals or entities who subscribe for any services on the Platform (“Services”) or create an account on the Platform (“Account”) and their Authorised Users (collectively, “Customers”). By accessing to or using the Site or any of the Services, you as a Site Visitor or Customer accept these Terms (whether on behalf of yourself or a legal entity you represent). For the purpose of these Terms, an “Authorised User” of a Customer is an individual natural person, whether an employee, business partner, contractor or agent of the Customer who is permitted by the Customer to use the Platform and/or Services for and on behalf of the Customer subject to these Terms. Customers and Site Visitors may be referred to in these Terms as “you” or “your” as applicable.
For the avoidance of doubt, all references to the “Site” in these Terms shall also include the Platform and/or Services.
Please read these Terms carefully before accessing and/or using the Site. By using, accessing, browsing or continuing to use and browse the Site, you are deemed to have read, understood and agreed to be bound by these Terms.
Please also read our Privacy Policy at https://finalyst.app/privacy-policy, which is incorporated into these Terms by reference. Kindly note that these Terms and our Privacy Policy shall form a legally binding contract between you and us. If you do not agree to these Terms and/or our Privacy Policy, you shall immediately cease to access and/or use the Site and cancel your registration with us (if applicable).
Please note that the following are the requirements for you to register for an Account:
you must be eighteen (18) years or older on the date of registration;
all the information submitted by you to us are truthful and accurate in all respects;
you have not been previously removed by us from the Site;
you have full power and authority to enter into this binding contract and your use of the Site does not and will not violate any agreement, law, rules or regulations; and
you shall be responsible for all equipment, software and Internet access necessary to use the Site.
If you register for an Account on behalf of your organisation or entity, you represent and warrant that you are duly authorised to register for an Account on that organisation’s or entity’s behalf and bind them to these Terms (in which case, references to “you” and “your” in these Terms, save and except for in this sentence, refer to that organisation or entity).
Please note that by registering for an Account, you shall be deemed to have satisfied all the requirements set out above.
How to Register: In order to register for an Account, you will need to provide us with your name, gender, age, identity card number or passport number, contact details, payment details and/or some other personal information that are required and/or necessary. You agree to provide true, accurate, current and complete information to us and to maintain up-to-date information which are true, accurate, current and complete at all times by making additions or deletions to your Account, whenever required.
Account: You shall not impersonate someone else, provide an email address other than your own, create multiple Accounts or transfer your Account to another person without our prior written approval and we reserve the right to decline a new registration or to cancel an Account at any time if we deem it fit to do so. By submitting your personal information to register for an Account, you acknowledge that you agree and accept our personal data notice and expressly consent to authorise us to process your personal data for such purposes as set out in our Privacy Policy.
Password: Upon registration for an Account, you will be required to set a strong password for your Account. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. Your Account password shall be kept confidential at all times and you shall immediately notify us if there is any unauthorised use of your Account or any breach of security known to you. You shall be solely liable and responsible for the confidentiality of your Account password.
Valid Email Address: A valid email address is required in order for you to register for an Account to enable, amongst others, administrative emails to be sent to you. We may, at our absolute discretion, close any Accounts which have been registered with someone’s email address or with a temporary email address without giving any notice. We may also require you to validate your Account if we believe that you have been using an invalid email address.
Subscription Plan
The prices, features and options of the Services would depend on the subscription plan selected and purchased by you (“Subscription Plan”). We do not guarantee that a particular Subscription Plan will be offered to you indefinitely.
We reserve the right to change the prices, features or options included in a particular Subscription Plan without giving any notice to you, provided that such changes shall not take effect until the next Subscription Term (as defined in Clause 11.2.3(a)).
Recurring Charges
By purchasing a Subscription Plan, you authorise us to charge your payment method on a recurring basis (e.g., on a monthly, quarterly or annual basis depending on the Subscription Plan selected by you). You hereby expressly authorise us to charge your payment method (such as a credit card or debit card) for the applicable subscription charges, any usage or overage charges and any and all applicable taxes and fees. Such authorisation is effective until the end of the Subscription Term (as defined in Clause 11.2.3(a)) and any applicable Renewal Term (as defined in Clause 11.2.3 (b)), or until you cancel all of your subscriptions.
Taxes
All our fees in respect of the Services are exclusive of all taxes, and you shall be responsible for paying any applicable taxes (including withholding tax, goods and services tax, value added tax, sales tax, consumption tax, stamp duty and transaction duties or any similar impost imposed or levied). You shall not deduct any applicable taxes from the payments to us, except as required by law. If such deduction is required by law, you agree that you will increase the amount payable as necessary so that after making all required deductions and withholdings, we will receive and retain (free from any such liabilities) an amount equal to the amount we would have received had no such deductions or withholdings been made.
No Refunds
Subscription and usage or overage fees (and any other fees associated with the Services) are non-refundable and non-creditable, except where required by law. Your Subscription Plan may be cancelled, and such cancellation takes effect at the end of your then-current Subscription Term (for example, if you are on a paid monthly subscription, the cancellation will take effect on the following month, but if you are on a paid annual subscription, the cancellation will take effect the following year). Further, if you do not pay for your Subscription Plan on time, we reserve the right (at our sole discretion) to suspend your Account or remove subscription features from your Account.
We hereby grant you a limited, non-exclusive and non-transferable license to access and use the Site for your internal business purposes and only as expressly permitted in these Terms and any applicable Subscription Plan for the Services which may be subscribed by you.
You agree and undertake that you shall not use or permit use of the Site for any illegal purpose or in any manner inconsistent with the provisions of these Terms.
General Restrictions
You shall not (and shall not allow any third party to):
rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the Site (in particular, any Subscription Plan which is purchased by you) to a third party save and except for Authorised Users;
modify or create a derivative work of the Site or any portion of it;
reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats of any part of the Site;
distribute any portion of the Site without our prior written consent;
access the Site for the purpose of building a competitive product or service or copying its features or user interface;
use the Site for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without our prior written consent; or
use or permit the Site to be used for any illegal or misleading purpose, or any manner inconsistent with these Terms.
Our Intellectual Property
All copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Site (collectively, “Intellectual Property”) are owned by us or, where applicable, third-party proprietors identified on the Site. No right or license is granted directly or indirectly to you to use or reproduce any Intellectual Property and you shall not claim any right, title or interest therein.
By accessing the Site, you agree to comply with all applicable laws, including but not limited to, copyright, trade secret and trademark laws, as well as other state, national and international laws and regulations which protect our Intellectual Property. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of our Intellectual Property. You also may not, without our prior written consent, mirror or frame any part of our Intellectual Property on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy any of our Intellectual Property, without our prior written consent.
Permitted Download of Content and Materials
Without prejudice to Clause 5.1 and except as otherwise restricted by these Terms, we grant you permission on a non-exclusive, non-transferable, limited basis to copy and download content and materials (which are non-proprietary in nature) on the Site (“Permitted Content and Materials”) provided that:
we shall retain all Intellectual Property (if any) in and to the Permitted Content and Materials; and
you shall not modify the Permitted Content and Materials in any way whatsoever.
Each discrete Subscription Plan includes restrictions and requirements that outline the features that a Customer will be able to use and/or access. Any violation by you of any of the provisions contained in this Clause 5 may result in the immediate termination of your right to use the Site, as well as potential liability for intellectual property, copyright or other proprietary right infringement or any other claims depending on the circumstances.
User Content: The Site may enable you to submit, post, upload or other make available (collectively, “Post”) content such as questions, public messages, ideas, product feedback, comments or any other content (collectively, “User Content”) that may or may not be viewable by other users. If you Post User Content, unless we indicate otherwise, you grant us a non-exclusive, royalty-free and fully sub-licensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy and display such User Content throughout the world in any form, media or technology now known or hereafter developed.
By using the Site, you specifically agree not to engage in any activity or transmit any information that, in our sole discretion:
is illegal, or violates any federal, state or local law or regulation;
advocates illegal activity or discusses illegal activities with the intent to commit them;
violates any third-party right, including but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret or any other intellectual property or proprietary rights;
is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libellous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
interferes with any other party’s use and enjoyment of the Site;
attempts to impersonate another person or entity;
violates these Terms, including but not limited to, using the Site for spam, surveys, contests, pyramid schemes or other advertising materials;
falsely states, misrepresents or conceals your affiliation with another person or entity;
distributes computer viruses or other code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or electronic communications equipment;
interferes with, disrupts, disables, overburdens or destroys the functionality or use of any features of the Platform, or the servers or networks connected to the Platform and/or Services;
hacks or accesses without permission our proprietary or confidential records, those of another use or those of anyone else;
improperly solicits personal or sensitive information from other users, including but not limited to their addresses, credit card or financial account information or passwords;
decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Site;
removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Site;
uses automated or manual means to violate the restrictions in any robot exclusion headers on the Platform, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping”, “database scraping” or any other activity with the purpose of obtaining lists or users or other information;
modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers otherwise commercialises any material or content on the Platform;
uses the Site for benchmarking, or to compile information for a product or service;
downloads (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), distributes, posts, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, create derivate works from or offers for sale any content or other information contained on or obtained from or through the Site, by any means whatsoever except as provided for in these Terms or with our prior written consent; or
attempts to do any of the foregoing.
In addition, you shall not, and shall not permit others to, do the following with respect to the Services:
license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any portion of the Services available for access by third parties except as otherwise expressly provided in these Terms; or
access or use the Services for the purpose of:
developing or operating products or services intended to be offered to third parties in competition with the Platform and/or Services; or
allowing access to your Account on the Platform by our competitor.
You acknowledge that we have no obligation to monitor your or anyone else’s access to or use of the Site for violations of these Terms, or to review or edit any content. However, we reserve the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support process, analytics and advertising), to ensure your compliance with these Terms and to comply with applicable law or the order or requirement of a court or governmental authority.
You represent and warrant to and for our benefit that:
if you are an individual, you are eighteen (18) years of age or older and that you have the capacity to contract under applicable laws;
if you are registering to use the Site on behalf of a legal entity, (i) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; and (ii) you, and any individuals utilising the Site on behalf of the legal entity are duly authorised by such legal entity to act on its behalf;
you are not prohibited or restricted from accessing and/or using the Site;
you have the full capacity, power and authority to execute, deliver, perform and observe these Terms;
you will not falsify or materially omit any information or provide misleading or inaccurate information requested by us in the course of, directly or indirectly relating to, or arising from your activities on the Site or use of any of the Services;
you shall employ reasonable anti-virus, anti-malware and other software and techniques to protect you and your Account from being the victim of a hack or of other malicious actions; and
these Terms will when executed constitute legally valid and binding obligations on you which are enforceable in accordance with their respective terms.
Our rights and remedies in respect of any breach of the representations and warranties contained in this Clause 7 by you shall not be affected by:
any failure to exercise or delay in exercising any right or remedy or by any other event or matter whatsoever, except in the case of a specific and duly authorised written waiver or release; or
any information we may have received or been given or have actual implied or constructive notice of prior to the breach,
and it shall not be a defence to any claim that we knew or ought to have known that any matters represented or warranted by you was not as represented or warranted.
Indemnification
Without prejudice to any other right or remedy which we may have against you, you undertake to indemnify, keep indemnified and hold us (including our advisors, consultants, agents and representatives) harmless from any and all actions, claims, demands, proceedings, investigations, liabilities or judgments and any and all losses, damages, costs, charges and expenses (on a full indemnity basis including all attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) of whatever nature which refer or relate to or arise, directly or indirectly, in connection with or arising out of:
your breach of any of the terms and/or conditions specified under these Terms;
your wilful, unlawful or negligent act or omission;
your violation of any law, rule or regulation, or the rights of any third party;
your breach of any of the representations and warranties given by you under these Terms; or
your conduct had caused damage or loss, directly or indirectly to us.
Limitation of Liability
In no event shall we be liable to you or any other person or entity whether under contract, tort (negligence), strict liability or any other legal or equitable theory in respect of any matter under these Terms for any amounts in excess of the total amounts paid or payable by you to us under these Terms during the previous three (3) months prior to the date on which the cause of action accrued.
Access and Availability
You hereby acknowledge that access to the Site may become degraded or unavailable during times of significant volatility or volume.
Although we strive to provide you with excellent service, we do not guarantee that the Site will be available at all times without interruption. Please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.
We shall not be liable for any losses whatsoever resulting from or arising out of any unavailability or delays on the Site.
Website Accuracy
Although we intend to provide accurate and timely information on the Site, the Site may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. For the avoidance of doubt, the Site is provided to you on an “as is, where is” and “as available” basis. We express no representations or warranties, of any kind related to the Site or the materials contained on the Site.
In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable laws, be changed or updated from time to time without notice to you, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.
Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect whatsoever of the content or services contained in any such third party materials accessible or linked to from the Site.
We do not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements of third parties displayed on or transmitted via the Site. Any information or material placed on the Site by third parties reflect the views, and are the responsibility of, those who post such information or material, and do not necessarily represent our views.
Security and Access Policies
The Internet is not a secure medium. We will use commercially reasonable efforts consistent with industry standards to the extent practicable and in accordance with applicable laws to protect the security of the Site and other systems utilised to provide the Services, including but not limited to using up-to-date anti-virus, security and firewall technology commonly used in the industry. You agree that you shall not take any actions that negatively affect the confidentiality, integrity and availability of our systems and information assets.
We may hold information in either electronic or hard copy form or retain third parties to hold that information on our behalf.
All our employees and data processors, who have access to, and are associated with the processing of your information, are obliged to respect the confidentiality of your information.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. While we take commercially practical steps to protect your information, we cannot and do not accept responsibility for any authorised access, unlawful interceptions or loss of information transmitted to or from the Site, and are not responsible for the actions of any third parties that may receive such information.
If you become aware that Harmful Code (as defined herein) has infected the Site, then you shall notify us as soon as reasonably practicable, so that we may mitigate any potential adverse effects and undertake any further steps that may be applicable or required by applicable laws. For the purpose of this Clause 10.1.5, “Harmful Code” means computer instructions whose primary purpose or effect is to disrupt, damage or interfere with the use of any computer or telecommunications facilities, including, without limitation, any automatic restraint, time-bomb, trap-door, virus, worm, Trojan horse or other harmful code or instrumentality that will cause a system to cease to operate or to fail to conform to its specifications. We will take commercially reasonable precautions to avoid, prevent, stop, find and eliminate the spread of any Harmful Code on the Site.
Password Security
In order to access the Site, you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access the Site safe and maintaining adequate security and control of any and all security details that you use to access the Site. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected.
Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Account by third parties and the loss or theft of any associated accounts. Hence, you must keep your security details safe at all times.
You should never allow remote access or share your computer screen with someone else when you are logged on to your Account. We will never under any circumstances ask you for your username, passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your computer or Account. You should only provide your details to your Authorised Users and not to any third party.
We assume no responsibility for any loss that you may sustain due to compromise of your Account login credentials due to your own fault and/or failure to follow the requirements set out in this Clause 10 or follow or act on any notices or alerts that we may send to you.
Security Breach
If you suspect that your Account or any of your security details have been compromised or if you become aware of any other security incident (including a cyber-security attack) affecting you and/or us (together, a “Security Breach”), you must:
notify us as soon as possible;
continue to provide accurate and up-to-date information throughout the duration of the Security Breach; and
you must take any steps that we reasonably require to reduce, manage or report any Security Breach.
Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
Safety and Security of Your Computer and Devices
We are not liable for any damage or interruption caused by any computer viruses or other malicious code that may affect your computer or other electronic device, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that short message service (SMS) and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.
Termination for Site Visitors
A Site Visitor may terminate its use of the Site at any time by ceasing any further use of the Site. We may terminate your use of the Site and deny your access to the Site in our sole discretion for any reason whatsoever, including but not limited to your violation of these Terms.
Term and Termination for Customers
Suspension of Access to the Site
We may suspend your use of the Site, disable, suspend or terminate your Account (including any Subscription Plan purchased by you) if we believe, on a reasonable and good faith basis, that you have violated any provision of these Terms.
We will use commercially reasonable efforts to notify you prior to any such disablement, suspension or termination unless we reasonably believe that:
it is prohibited from doing so under applicable law or under legal process, such as court or government administrative agency processes, orders, mandates and the like; or
it is necessary to delay notice in order to prevent imminent harm to us, the Site or a third party.
Term
The period of effectiveness of these Terms, with respect to the Site, begins on the date of which a Customer agrees to these Terms and shall continue to be full force and effect until its use of the Site ceases, including as a result of termination under this Clause 11.2.
Subscription Term and Automatic Renewals
Our Subscription Plans automatically renew unless otherwise stated. If you purchase a Subscription Plan, you agree to pay the then-current applicable fee associated with the Subscription Plan and further agree and acknowledge that such Subscription Plan will automatically renew, unless, prior to the end of the current period of effectiveness of the Subscription Plan (“Subscription Term”):
you terminate your Subscription Plans or Account;
you set your Account not to auto-renew by logging in to the Site or by contacting us using the contact details provided in Clause 13.15;
we decline to renew your Subscription Plan; or
these Terms are otherwise properly terminated as expressly permitted herein.
Your Subscription Plan will automatically renew on a monthly, quarterly or annual basis, depending on the Subscription Plan that you choose (“Renewal Term”).
Termination by Customer
You may terminate your Account at any time upon ten (10) days’ advance notice to us. If you wish to do so, you shall be obligated provide such notice by contacting us using the contact details provided in Clause 13.15. In the event of termination of your Account, any Subscription Plan purchased by you will be automatically terminated and we shall have no obligation to refund you any monies in respect of the Subscription Plan which has been terminated.
Termination by Us
A Customer will be in default of these Terms if:
it fails to timely pay any amount owed to us;
it or its Authorised User breaches any provision of these Terms or violates any published policy applicable to the Site; or
in our sole discretion, we believe that continued use of the Site by the Customer (or its Authorised Users) creates legal risk for us or presents a threat to the security of the Site or our users.
If a Customer is in default, we may, without notice:
suspend its Account and use of the Site;
terminate its Account;
charge reactivation fees in order to reactivate its Account; and
pursue any other remedy available to us.
Effect of Termination
If these Terms or are terminated for any reason:
you shall immediately pay to us any amounts that have accrued before, and remain unpaid as of, the date of the termination, including those for the billing cycle in which termination occurs;
any and all of your liabilities to us that have accrued before the effective date of the termination shall survive even after the termination;
all licenses and use rights granted to you with respect to the Site and Intellectual Property shall immediately terminate on the date of termination of these Terms; and
our obligations to you under these Terms shall immediately terminate on the date of termination of these Terms.
You shall not, whether directly or indirectly, use or disclose to any third party, or allow to be used or disclosed any confidential information concerning us or our Customers, save and except where the use or disclosure is required by law or any governmental authority or with our prior written approval to the use or disclosure.
Prior to use or disclosure of any confidential information as required by law or any governmental authority, you shall promptly notify us or the relevant users (as the case may be) of such requirement with a view to providing us or the relevant users (as the case may be) with the opportunity to contest such use or disclosure or otherwise to agree on the timing and content of such use or disclosure.
The provision of this Clause 12 shall continue to apply after the termination of these Terms without limit in point of time.
Entire Agreement
These Terms and any revision of the same contain the entire understanding between you and us and supersede any other understandings, inducements or conditions, express or implied, oral or written.
Waiver
Our delay or failure to enforce, at any time, any provision of any of these Terms shall not be construed as a waiver of our right to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provision in these Terms. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.
Binding Terms
These Terms and any revision to the same shall be binding upon you.
Changes to these Terms
We may, from time to time, modify, update or amend these Terms to reflect changes in law, our group of companies, the Site or advances in technology, without giving any notice to you. We will post the updated Terms on the Site which shall be effective immediately upon being posted on the Site.
Please take note to periodically review these Terms and carefully review any changes made to these Terms.
Interpretation
In these Terms:
words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
the headings and titles for each clause are purely for ease of reference and do not form part of or affect the interpretation of these Terms; and
references to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
Severability
If any provision of these Terms is or may become invalid or unenforceable under any written laws, or is found by any court or administrative body or competent jurisdiction to be, illegal or prohibited, such provision shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability. The remaining provisions of these Terms shall remain in full force and effect.
No Partnership/Agency
Nothing in these Terms shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
No Other Terms
Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
Force Majeure
We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, pandemic, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
Notices
All notices, waivers, authorisations, approvals, consents, demands or other communications under these Terms must be in writing and in English and sent by using the contact details provided in Clause 13.15. They may be given, and will be deemed received (a) by registered post: three (3) business days after posting; (b) by hand: on delivery; (c) by email: on receipt of a delivery return mail from the correct address.
Third-Party Rights
All provisions in these Terms apply equally to and are for our and our third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no provision of these Terms is otherwise enforceable pursuant to the relevant local governing laws by any person who is not a party to it.
Remedies Not Exclusive
Any remedy or right conferred upon us for breach of any of the provisions of these Terms shall be in addition to and without prejudice to all other rights and remedies available to it.
Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. If consent is given, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, duties or obligations under these Terms except as expressly provided in these Terms is void. Notwithstanding the foregoing, we may freely assign our rights, duties and obligations under these Terms to any other party.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of Malaysia and the parties hereto hereby submit to the exclusive jurisdiction of the Courts of Malaysia.
How to Contact Us
If you have any question/enquiry in respect of these Terms, you may contact us at:
Address : 22-1 Jalan Radin Bagus 3, Bandar Baru Sri Petaling, 57000 KL.
Telephone number : 010 - 3831533
Email address : finalyst.planner@gmail.com
For the attention of : Casper
