1.1 Welcome to OwlMyGuard (“Application”). These terms and conditions (“Terms and Conditions”)
apply to the Application operated by Treslink Sdn. Bhd. (1036104-M), a company incorporated in
Malaysia having its business address at No. G-2-12, (Boulevard Business Park) Pusat Komersial
Jalan Kuching, Jalan Kepayang Off Jalan Kuching, 51200 Kuala Lumpur, Malaysia (“Company”)
and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. Any feature, content, tools and services accessible by means of the Application are collectively referred to as the “Services”.
1.2 By accessing and using the Application, you confirm your understanding and acceptance of the Terms and Conditions. The Application reserves the right, to change, modify, add or remove portions of these Terms and Conditions of use at any time. Changes are deemed effective and binding when posted on the Application with no other notice provided. Your usage of the Application constitutes your acceptance of all terms and conditions and any of its changes.
2. AGE LIMIT AND ELIGIBILITY
2.1 You hereby confirm and warrant that you are currently eighteen (18) years old and you are capable of understanding and accepting this Terms and Conditions.
2.2 We will not be responsible for any unauthorised use of the Application by yourself, users who act on your behalf or any unauthorised users. It is your responsibility to make your own informed decisions about the use of the Application and take necessary steps to prevent any misuse of the Application.
3. OTHER AGREEMENTS
3.1 For the purposes of these Terms and Conditions, any reference to “OwlMyGuard” or “we”, “us” or “our” in these Terms and Conditions shall be deemed to mean Treslink Sdn. Bhd., and any reference to applicable services under these Terms and Conditions shall also include our services.
4. YOUR INFORMATION
Your privacy is important to us and we will treat all data that you provide to us in accordance with
5. LICENCE AND ACCESS
1.4 Provided that you comply with these Terms and Conditions, we grant you a limited, personal, non- exclusive, non-transferable, non-sublicensable, royalty-free and revocable licence under the Terms and Conditions described to access and use the Application. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these
Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
1.5 Content provided in this Application is solely for informational purposes. Certain services and related features that may be made available on the Application may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Application is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your usage of the Application.
1.6 All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us, our Affiliates or our licensors, suppliers, publishers, rights holders or other content providers as applicable. Our Application, or any part of our Application, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose and in any case without our consent. Your use of any intellectual property rights belonging to us, or our Affiliates, licensors, suppliers, publishers, rights holders or content providers is subject to these Terms and Conditions.
1.7 Any goodwill accruing out of the use of our and our Affiliates’ trademarks, trade and business names and service marks under these Terms and Conditions will vest in us and our Affiliates, as the case may be.
1.8 We reserve the right to refuse to provide the services in our Application to anyone for any reason, inour sole and absolute discretion without being obliged to provide you with any reason or notification.
6. USER SUBMISSIONS
1.9 Any content that you submit, post and/or provide in our Application, including but not limited to text, graphics, photos, videos, music, sound, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property SUBJECT ALWAYS that the Submissions are not contrary to this Terms and Conditions, the OwlMyGuard Acceptable Use Policy and/or any applicable laws and regulations (“Offensive Submissions”).
1.10 In addition to the rights applicable to any Submissions, when you post information, comments or reviews in our Application, you also grant us the right to use the name that you submit, post and/or provide in connection with such information, comment, review or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
7. YOUR OBLIGATIONS AND USE OF THE SERVICES AND APPLICATION
1.11 In order to use the Services, you must have an OwlMyGuard account and you must comply with the requirements as set out in these Terms. If you do not comply with these requirements at any point you must cease using the Services and the Application immediately and to the extent permitted under applicable law, you shall be liable for any legal consequences, including costs, losses or damages which we may suffer or incur as a result.
1.12 You are responsible for maintaining the confidentiality of your OwlMyGuard account and forrestricting access to your account in accordance with our Terms, including notifying us of any actual or suspected unauthorised use. Please note that until you tell us of any actual or suspected unauthorised use we will not be liable for any unauthorised transactions conducted via your account. You are responsible for ensuring that the details you provide to us are correct and complete, and for letting us know of any changes to the information you have provided. You can access and update the information you have provided to us, including your account settings, via the interface on your OwlMyGuard account.
1.13 You must not use the Services: (a) in any way that causes, or is likely to cause, the Services, or any access to the Services, to be interrupted, damaged or impaired in any way; or (b) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
7.4 You must not submit, post and/or provide in our Application any Offensive Submissions.
1. WARRANTY AND DISCLAIMER
1.1 Our Application is provided to you on an “as is”, “where-is” basis based on existing technology. However, we warrant to you that we will provide the service via our Application using reasonable skill and care. We make no other representations or warranties of any kind, express or implied, including without limitation: (a) implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) that the Application will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error; (c) that information, content, materials included on or available through the Application is completely accurate and reliable and will be as represented by other users; (d) any implied warranty arising from course of dealing or usage of trade; (e) any implied obligation, liability, right, claim or remedy under contract; and (f) any obligation, liability, right, claim or remedy in tort, whether or not arising from our negligence, in equity, or otherwise. To the fullest extent permissible under applicable law, we disclaim any and all such warranties.
1.2 You warrant that all content delivered or disseminated by you is derived from legitimate sources and are owned by you or authorised by the legal owner to be used by you.
1.3 We assume no responsibility for any Offensive Submissions. By using the Application, you expressly relieve us from any and all liability arising from such submission of Offensive Submissions.
8.4 As part of a feature in our Application, we may provide links or tools that enable you to share
contents (“Sharing Feature”) with third party websites, apps and services (such as Facebook and Twitter) that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites, apps and
services. By using the Application, you expressly relieve us from any and all liability arising from your use of the Sharing Feature and of such third-party websites, apps and services.
8.5 Without prejudice to the generality of Clauses 8.3 and 8.4, to the fullest extent permitted by applicable law, you hereby release and forever discharge us from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature including but is not limited to personal injuries, emotional distress, identity theft, death, and property loss and damage, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any Offensive Submissions; (2) your use of the Sharing Feature; and/or (3) any interactions with, or act or omission of, or Submissions provided by other users.
2. OUR ROLE
9.1 The Application serves as your driving companion to safeguard and secure your journeys from point to point in the following manners:
(A) Safety Companion With Back-to-Back Support from Real Road Users
OMG (Owl My Guard) is a road users social interaction platform equipped with safety & security features. This would enable news updates / exchanging message when incident happen to user's vehicle or/and surrounding area from nearby active users.
(B) “BEEP!” the Pager
“BEEP!” is a simple one-way and anonymous paging feature which enables a user to send a short message to notify, remind, alert and warn another user of a certain incident. A user simply needs to press the “BEEP!” button, write a short message to the directed vehicle anonymously.
(C) Identify Safety Zone At Destination Point
The users may take extra precautionary measure by accessing this feature to check on safety
issues pertaining to specific parking zoning based on historical data and incident as shared by other users.
(D) Report Lodgement And Sharing to Enhance Interaction
The users may upload onto the Application the updates regarding road-related incidents in
various ways such as storyline, photos and videos footage to ensure excellent interactions
among users on timely basis.
(E) Bulletin, All You Need to Read Is Here
The users may access the “Bulletin” feature on the Application which consists of four (4) main
categories, namely: Featured, Trending, Nearby Me and Live & Latest.
(F) Broadcast and Notifications, the Real Time “Live”
During extreme circumstances, users may alert potential road obstacles / hazards to other
users. Notifications which powered by broadcast feature will enable users to share and receive
latest and genuine updates during incidents.
(G) In-App Messaging Tools As Instant Communication Tools
A user who witnessed a particular incident is able to interact with other users who may be
unaware of their self-involvement, thorugh the Application’s in-app messaging feature. This
feature will ensure prompt awareness and response to the road users and avoid potential error
due to time lapse.
9.2 We will assist in providing user-inputted, user-authenticated or user-recommended information which may include but not limited to information about parking, road and traffic conditions, road accidents and other hazards and speed and police traps through the OwlMyGuard interface.
8. YOUR RIGHTS AND OBLIGATIONS
8.1 You shall have the right to use the Application in accordance with these Terms to share, search, access and use information which may include but not limited to information relating to parking, road, and traffic conditions, road accidents and other hazards and speed and police traps.
8.2 In addition to the restrictions set out in these Terms, you must not use the Application:
(A) to cause or potentially cause any unreasonable or disproportionate burden on the Application;
(B) to interfere or attempt to interfere with the Application or our ability to provide services through the Application; or
(C) to manipulate any transactions carried out via the Application in any manner that is unfair to
other participants or users of the Application or in any manner that is contrary to applicable law.
8.3 You irrevocably authorise us to assist in the settlement of disputes arising from your use of the
Application. In such event, you shall indemnify us for any liabilities arising out of our decision.
8.4 You may report any illegal activities or any violation of applicable laws by other users of the Services by contacting us at email@example.com.
9. OUR RIGHTS AND OBLIGATIONS
9.1 As set out in the Terms, we retain the right to suspend or terminate the Application, prevent or restrict access to the Application, take any other action to restrict access to or availability of the Application, or remove any Offensive Submissions in the Application.
9.2 We may, if we consider appropriate, immediately suspend or terminate the Application, prevent or
restrict access to Application, or take any other action to restrict access to or availability of the Application, or remove any Offensive Submissions which includes but is not limited to immoral, inappropriate or illegal material or content, text, graphics, photos, videos, music, sound, questions
reviews, feedback, ratings, inaccurate information, and/or descriptions. We reserve the right and
have the absolute discretion but not an obligation, to remove, screen or edit any Offensive Submissions which includes is but not limited to content that breaches the provisions of these Terms or is otherwise objectionable or contrary to any applicable laws. Without prejudice to the generality of the rights in this clause, and to any other rights that we may have in these Terms or other agreements between you and an Affiliate or pursuant to applicable laws, we reserve the right in our sole and absolute discretion to refuse publishing user-inputted information or to immediately remove any information which we object to or to suspend or terminate the Application if we regard you as making inappropriate use of your OwlMyGuard account.
9.3 You acknowledge and agree that we are entitled to offer cooperation and provide information, including information about or provided by you, to any administrative or judicial authority.
10. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, whether registered or unregistered in the Application, information content in the Application and all the designs including but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement and all software compilations, underlying source code and software shall remain our property. The entire contents of the Application also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
1.14 We may include and publicly display advertisements and other information which are targeted to users in the Application and/or adjacent to your Submissions. You are not entitled to any compensation for such advertisements. The manner, mode, types and extent of advertising on the Application are subject to change without specific notice to you. In consideration for us granting you access to and use of the Application and the Services, you agree that we and our third-party providers and partners may place such advertising on the Application.
1.15 We may provide you with options to close or minimise advertisements in the Application, but you must not in any way screen or filter the advertisements in any manner not expressly permitted by us in writing.
1.16 Save as required by applicable laws, we shall have no liability for any loss or damage incurred or suffered by you arising from transactions you enter into in reliance upon such advertisements or promotional and marketing information.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Terms and Conditions, you shall immediately cease all access to and use of the Application and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Application in whole or in part. Any termination of these Terms and Conditions shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You further more agree that the Company shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Application or with any terms, conditions, rules, policies, guidelines, or with the Company in operating the Application, your sole and exclusive remedy is to discontinue using the Application.
13. COMPLIANCE WITH LAWS
13.1 You are solely responsible for understanding and complying with all applicable laws and regulations in accordance with these Terms in relation to your use of the Application. You must not use the Application in any way which breaches applicable laws.
13.2 If the country or region in which you are located prohibits or restricts all or any part of the Application, you must immediately cease using the Application.
14. OUR LIABILITY
14.1 We will use reasonable care to ensure that the Application will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, we are unable to provide any guarantees in this regard. In addition, you acknowledge and agree that your access to the Application may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
14.2 To the extent permitted by applicable laws and regulations, in no event will we or our Affiliates be liable or responsible for:
(A) any losses or damages that were caused by any natural disaster or other circumstance
beyond our reasonable control;
(B) any computer virus, trojan horse or other damage caused by malware or hackers;
(C) any malfunction or failure of our or your software, system, hardware or connectivity;
(D) losses that were not caused by any breach of these Terms by us;
(E) risks and losses caused by your non-compliance with any applicable laws and/or these
(F) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
(A) any indirect or consequential losses (regardless of whether or not such indirect or
consequential losses are foreseeable to us) or any incidental, punitive, special and
in each case, arising out of or in connection with these Terms, any other agreements which apply to the Application, the services or information in the Application, your inability to use the Application or in connection with any messages/information received through the Application, whether or not we have been advised of the possibility of such damage.
14.3 To the fullest extent permitted by applicable law, we will not be liable to you for the interruption or disruption of the Application or any possible losses to you in any circumstance which is not reasonably foreseeable by us (which exemption includes liability that would otherwise arise for any direct loss).
14.4 To the fullest extent permitted by applicable law, we will be exempted from any liabilities in relation to the following risks which you may encounter:
(A) information with threatening, defamatory or illegal content including from anonymous
sources or someone using a fake or fictitious name;
(B) you being misled or deceived by any person which results in psychological or physical harmand/or economic loss;
(C) your computer system being destroyed, paralysed or unable to operate in normal condition;
(D) credit or debit card fraud; or
(E) identity theft.
14.5 You hereby release us (and our Affiliates, employees, representatives and agents) from claims, demands and damages (actual, direct, consequential or otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute in relation to any information obtained or relied on through the OwlMyGuard interface.
14.6 We do not guarantee the legality, authenticity or quality of the information accessible or obtained via the Application. We will not be liable to compensate or indemnify you for any loss suffered by you arising from the authenticity or quality of the information accessed and/or used by you via the Application.
14.7 Nothing in these terms and conditions limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
(A) any liability for death or personal injury caused by either Party’s negligence;
(A) any liability for fraud or fraudulent misrepresentation;
(B) any liability for wilful misconduct; or
(C) any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
14.8 To the extent permitted by applicable law, you agree that you (and your organisation, if you are using the Application on behalf of such organisation) will indemnify us, our partners, and our Affiliates from and against any claim, suit, action, demand, damage, debt, loss, cost, expense (including litigation costs and attorneys’ fees) and liability arising from: (i) your use of the Application; or (ii) your breach of these terms and conditions.
15. INTERRUPTION, SUSPENSION AND TERMINATION OF THE SERVICE
15.1 Without limiting the generality of Clause 15.1, we may suspend, interrupt or terminate or impose limitations on your use of the Application in accordance with our business or risk control requirements or those of our Affiliates.
15.2 We are entitled to interrupt, suspend or terminate the Application without notice in the following circumstances where:
(A) you provide us with false or incorrect information;
(B) you violate applicable laws or the provisions of these Terms;
(C) the Application is required to be interrupted, suspended or terminated by the provisions of
applicable laws or by competent authorities;
(D) you infringe the lawful rights and interests of third parties;
(E) the Application is required to be interrupted, suspended or terminated for security reasons;
(F) we suspect that the OwlMyGuard account that you are using is not legally owned by you; or
(G) you fail to pay us for any services for which a fee is charged.
15.3 For the avoidance of doubt, the exercise by us of any of our suspension or termination rights under these Terms shall be without any liability to you and without prejudice to any other right or remedy available to us under these Terms or applicable laws.
15.4 The provisions of these Terms, which by their nature and content, are intended, expressly or
impliedly, to continue to have effect after the termination or expiration of these Terms shall survive
and continue to bind you and us.
16. ALTERATIONS TO THE APPLICATION OR AMENDMENTS TO THIS TERMS AND CONDITIONS OF USE
16.1 We may make changes to these Terms at any time. You will be subject to the terms and conditions of these Terms in force at the time when you use the Application. If you continue using the Application after any amendment to or change of these Terms, you shall be deemed to have read, understood and agreed to such amendment or change. If you disagree, you must immediately stop using the Application.
17. ELECTRONIC COMMUNICATIONS
We will communicate with you by e-mail or by posting notifications on the OwlMyGuard interface. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notifications, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless applicable laws specifically require a different form of communication.
18. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any dispute or claim arising out of or in connection with it shall be governed by the laws of Malaysia. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered in the Asian International Arbitration Centre (AIAC)) by a sole arbitrator agreed between the parties, and in accordance with the rules of the AIAC. If the parties fail to agree on the appointment of the sole arbitrator within 30 days of first proposal by any party, the arbitration will be conducted by a sole arbitrator appointed by the Director of the AIAC. The arbitration proceedings shall be conducted in English.
19.1 The headings of these Terms and of the clauses are inserted for convenience only and shall not be relied upon in interpreting these Terms. Any agreement amending, supplementing, novating or restating these Terms shall form an integral part of these Terms and have the same legal effect.
19.2 If any of the terms and conditions contained in these Terms is deemed to be invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
You shall not assign your rights or transfer by way of novation your rights and obligations under these Terms without our prior written consent. We may assign our rights under these Terms without your prior consent. We may assign our rights or transfer by way of novation our rights and obligations under these Terms without your prior consent and you hereby consent to any such transfer. You agree that in the event of any assignment or novation by us, including without limitation, in connection with an acquisition of us or our assets, we are authorised to transfer any or all of your data relating to the Application.