1. Introduction and Application
This agreement (“Platform Agreement") constitutes a legal agreement between you and Mobility Asia Sdn. Bhd. (Registration No: 1257623-M) of G.016, The Square, Jaya One, 72A, Jln Profesor Diraja Ungku Aziz, Seksyen 13, 46200 Petaling Jaya, Selangor, Malaysia (“we”, “us” and “our”). The Platform is owned and operated by us.
By accessing or using our Platform, you are taken to have agreed to the terms and conditions under this Platform Agreement. If you do not agree to these terms, you should not register for or use our Platform.
2.1 In this Platform Agreement, where the context so admits, the words and expressions used in this Platform Agreement shall have the following meaning:
“Access Method” means any passwords and other security credentials assigned to you and required to access and use the Platform;
“Account” means any account which you have registered with us on the Platform;
“Appointment” means any arrangement, appointment, communication, instruction, message data or information to a undergo a Covid-19 test organised by the Organiser, received by us through or pursuant to the Platform or otherwise referable to your Access Methods;
“Covid-19 Test” means a Covid-19 test;
“Force Majeure Event” means means any event beyond our reasonable control (and which does not relate to or arise by reason of our default or negligence) which renders impossible or hinders our performance of this Platform Agreement, including the offering of the Platform thereto, including, without limitation:
- war, riot, civil unrest or revolution, sabotage, terrorism, insurrection, acts of civil or military authority, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
- terrorist attacks, civil war, civil commotions or riots;
- acts of God, epidemic, pandemic, flood, earthquake, typhoon or other natural disasters or adverse weather or environmental condition;
- any act of state or other exercise of sovereign, judicial or executive prerogative by any government or public authority, including expropriation, nationalisation or compulsory acquisition or acts claimed to be justified by executive necessity;
- fire, explosion or accidental damage;
- collapse of building structures or failure of plant machinery, computers or vehicles;
- interruption or failure of utility service, including but not limited to electric power, gas or water; or
- any labour disputes, including but not limited to strikes, industrial action or lockouts.
“Organiser” means Yang Berhormat Tuan Rajiv A/L Rishyakaran and his State Assemblyman’s Office for Bukit Gasing;
“Personal Data” has the meaning ascribed to it in the Malaysian Personal Data Protection Act 2010;
“Platform” means this online platform (accessible through our website at fireworks.my or through our mobile application or any other designated application of the same function which is downloadable via apps store or that has been integrated into the Testing Project and / or Organiser’s webpage, that we rebranded for purposes of the Project) operated by us;
“Services” means any service provided by us through the Platform, which includes but is not limited to allowing you to make an Appointment to undergo a Covid-19 Test through the Testing Project and to view your Covid-19 Test results on the Platform;
“System” means the hardware, software and infrastructure used from time to time for the purpose of providing, supporting, accessing and/or otherwise referable to the Platform. This includes, without limitation, the Smart Queue and Appointment System; and
“Testing Project” means the Covid-19 testing project organised by the Organiser.
2.2 The words "we", "us", "our" or any of their derivatives refer to Mobility Asia Sdn. Bhd. and its successors and any novatee, assignee, transferee or purchaser of Mobility Asia Sdn. Bhd.'s rights and/or obligations hereunder.
2.3 The words "you", "your", "yours" or any of their derivatives refer to the person using or accessing our Platform and shall include, as the context may require, personal representatives (as the case may be).
3. General Terms and Conditions and Disclaimer
The general terms and conditions found at Terms and Conditions (“Terms and Conditions”) and disclaimer found at Disclaimer (“Disclaimer”) forms part of this Agreement. Please ensure that you read the Terms and Conditions and Disclaimer carefully before continuing your access to this Platform or your use of the Services. If you do not agree to the Terms and Conditions and Disclaimer. you should not access or use the Platform and / or the Services.
5. Your Duties and Responsibilities
5.1 Eligibility. By accessing and/or using this Platform and /or Services, you warrant and represent to us, and shall be deemed to warrant and represent to us that you are above eighteen (18) years old and a citizen of Malaysia.
5.2 Information required. Upon request, you shall provide a valid phone number, a password, verification code (that our System will send to you upon your submission of the requested information) and any other information ,which are necessary for you to gain access to restricted areas of the Platform. You agree that:
- we are entitled to rely and act, and continue to rely and act, on the information that you provide to us without verifying such information, and without any further inquiry or investigation;
- you are, at all times, responsible and liable for the accuracy, correctness, and completeness of the information;
- you will promptly update and inform us of any changes in such information; and
- you shall be solely responsible for ensuring that the Services we provided is suitable and appropriate for you.
5.3 Provision of information by you. We may require additional information, confirmation or declaration from you when you make any Appointment through the Platform, and you shall provide such information, confirmation or declaration promptly. You represent and warrant that each information, confirmation or declaration you provide to us is accurate, true and complete, and not misleading in any manner.
5.4 Security measures. Your access and use of the Platform shall be strictly for purposes of your own use. You agree that:
- we may determine the appropriate Access Methods, which may involve a combination of one or more access controls;
- you shall be solely responsible for ensuring secure internal and, to the fullest extent possible, external controls on access to and use of the Platform, including but not limited to the security and confidentiality of your Access Methods (such as your password). We shall be entitled to terminate or suspend your Access Methods if we are notified or suspect that your Access Methods have been stolen, lost, damaged, compromised or there has been unauthorised use of them, provided always that you shall remain responsible for any actions taken through the use of your Access Methods before they are so terminated or suspended; and
- you shall be solely responsible for, and be bound by, all acts or omissions of any person using the Platform through your Access Methods. We are under no duty of inquiry regarding the identity, authority or capacity of any such person and are entitled to rely on any Appointment details submitted by any person accessing or using the Platform through your Access Methods or through alternative methods.
5.5 Compliance with applicable laws. You shall access and use the Platform in compliance with all applicable laws. Without limiting the generality of the foregoing, your use of the Platform shall be subject to such additional restrictions, terms and conditions of use, disclosures or disclaimers that may be communicated to you (whether by written or electronic means) in connection with such use.
5.6 Suspected breach of security. You must notify us immediately if you become aware of or have reasonable suspicion that there is any breach of security, loss, theft or unauthorised use of your Access Methods.
5.7 Keeping the integrity of the Platform. You shall not introduce into the Platform any content, materials or code which contains any virus, Trojan horse, work, time bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Data. You undertake not to back into, disrupt, disable, burden or otherwise interfere with the accessibility or impair the proper function of the Platform, the services which we may provide to you pursuant to any agreement or the Systems, which shall include, without limitation, spoof attacks, backing, sniffing, tampering, denial-of-service attacks, tampering, reverse engineering or reprogramming.
5.8 Your Duties. Any data, information or message transmitted to you through our System, the Platform or otherwise is confidential and intended for the sole use of the intended recipient. If you are not the intended recipient, you should immediately notify us and delete or destroy such data, information or message, including all copies thereof.
5.9 Confidentiality of other information. You must keep confidential, all information about the Platform, our System and any information, data, materials or documents provided to you.
6. Our Rights
6.1 Monitoring of access and use. We may monitor all your access to and use of the Platform so as to detect any improper activities relating thereto. You shall comply in a timely manner with our requests for information and other material requested by us.
6.2 Right of termination. We reserve the right to terminate this Platform Agreement and restrict, temporarily or permanently, the operation of the Platform at any time and with immediate effect, if any of the following events occur:
- you have breached the terms of this Platform Agreement;
- you are using the Platform in a manner that may cause us to breach applicable laws, have legal liability or disrupt others’ use of the Platform;
- we become aware or suspect that your Access Methods are stolen, lost, damaged or compromised;
- we become aware or suspect that the person logged into your Account and / or using your Access Methods is not you;,
- you create multiple accounts;
- you create Accounts by automated means or under false or fraudulent pretenses;
- we are required to do so by applicable laws or pursuant to a request by any government or regulatory body;
- scheduled downtime or recurring downtime;
- a Force Majeure Event;
- you publish, post, transfer, distribute or upload any content or information to the Platform which is false, misleading or inaccurate, contains rude and inappropriate language or which creates the impression that any content is sponsored or endorsed by us;
- you modify, adapt or reverse engineer the Platform or any part thereof;
- you transmit any viruses, worms, defects, Trojan horses or any other items of a destructive nature, or that may otherwise compromise the security of the Platform; or
- any representation or warranty made by you under this Agreement or through the Platform or for the Services is incomplete, untrue, incorrect or misleading in any material respect.
For the avoidance of doubt, we shall not be in breach of this Platform Agreement, nor be liable for any failure or delay in the performance of any other obligations under this Platform Agreement arising from or attributable to any of the circumstances giving rise to a right to restrict such performance (temporarily or permanently) under Section 6.2 of this Platform Agreement.
Effect of termination. On termination of the Platform Agreement
- you will stop using any Services; and
- you shall, upon our request (acting reasonably), return, destroy or delete any information or documents received from us, including any copies thereof.