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Terms & Conditions

Terms & Conditions: Provider and User

Last modified: 17.10.2022

TERMS OF SERVICE

Section A – General Terms

  1. Introduction

1.1. Please read these Terms of Service carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Services that are applicable to you. These Terms of Service and the SaraX Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and SaraX (as defined). The Agreement applies to your use of the Service (as defined) provided by SaraX. If you do not agree to the Terms of Service, please do not use or continue using the Application or the Service.

1.2. SaraX may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on sarax.com.my or the Application. It is your responsibility to review the Terms of Service regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

1.3. SARAX IS A TECHNOLOGY APPLICATION THAT PROVIDES A PLATFORM FOR CONSUMERS TO OBTAIN OR PROCURE GOODS OR SERVICES PROVIDED BY A PROVIDER OR US (CENTEXS COMMERCIAL SARAWAK). WHERE THE GOODS/SERVICES ARE PROVIDED BY PROVIDER, SaraX ROLE IS MERELY TO LINK THE USER WITH SUCH PROVIDER. SaraX IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PROVIDER. PROVIDERS SHALL BEAR ALL LIABILITY IN RELATION TO SUCH GOODS AND SERVICES. PROVIDERS ARE NOT, AND SHALL NOT HOLD THEMSELVES TO BE, AN AGENT, EMPLOYEE, OR STAFF OF SaraX, AND THE SOLUTIONS PROVIDED BY PROVIDER SHALL NOT BE DEEMED TO BE PROVIDED BY SARAX.

  1. Definitions

In these Terms of Service, the following words shall have the meanings ascribed below:

2.1. “Application” means the relevant mobile application(s) made available for download by SaraX (or its licensors) to Users and Providers respectively;

2.2 “User” means any end-user who accesses or uses the Platform to search for and obtain Solutions;

2.3 “User Charges” means charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes, and any other fees or charges that may be due for a particular use of the Service or Solutions;

2.4. “SaraX” / “we” means:

2.4.1. CENTEXS Commercial in relation to SaraX;

2.5. “SaraX Policies” means the following:

2.5.1. the Privacy Policy;

2.5.2. the Provider Code of Conduct or the User Code of Conduct may be applicable; and

2.5.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;

2.6 “Provider” means the independent third parties (who are not SaraX Staff) who provide the relevant Solutions to Users through the Service, including relevant goods and services provided;

2.7. “Personal Data” is any information that can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.8. “Platform” means the Application, Software and any other platform, portal or website which SaraX owns, operates or otherwise makes available to Users and/or Providers for the purposes of or in connection with the Service and/or Solutions;

2.9. “Privacy Policy” means our privacy policy accessible at: sarax.com as amended from time to time;

2.10. “Service” means the linking of Users to Providers or other Consumers through the Application, Platform and/or Software;

2.11. “Software” means any software associated with the Application which is supplied and made available for download and installation by SaraX;

2.12. “Solutions” means the services, consultations, and/or other products and services which are made available to Users through the following offerings:

2.12.1. Aircond Service;

2.12.2. Home Cleaning;

2.12.3. Grass Cutting Service;

2.12.4. PETROS LPG Delivery Service;

2.12.5. Pest Control Service;

2.12.6. Home Repair Service;

2.12.7. Emergency Service;

2.12.8. Painting Service;

2.12.9. Disinfection Service;

2.12.10 Electrician Service;

2.12.11 Plumbing Service;

2.12.12 Beauty Wellness;

2.12.13 Baby Sitting Service;

2.12.14 Beauty & Salon Service;

2.12.15 Cake & Cookies

2.12.16 Catering

2.12.17 Shop (Handicrafts, food, others)

2.12.18 Courts & Halls

2.12.19 Automotive Service

2.12.20 Fitness & Personal Training

2.12.21 Welding

2.12.22 Wireman Plus

2.12.23 Chargemen L1

2.12.24 Smart Building Automation – KNX System (Basic)

2.12.25 Smart Building Automation – KNX System (Advanced)

2.12.26 Construction

2.12.27 Smart Farming/Agriculture

2.12.28 Tailoring

2.12.29 Digital Marketing

2.12.30 Tourist Guide

2.12.31 Catering

2.13. “You” refers to the User and/or Provider as may be applicable. 

  1. Representations, Warranties and Undertakings

3.1. By using the Service and/or Platform, you represent, warrant and undertake that:

3.1.1. You have the legal capacity to enter into the Agreement and you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

3.1.2. You will provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that Sara-X may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Sara-X has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

3.1.3. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

3.1.4. You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Sara-X;

3.1.5. You will only use the Application, Platform and Service for their intended and lawful purposes;

3.1.6. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;

3.1.7. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

3.1.8. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;

3.1.9. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

3.1.10. You will not try to interrupt, impair or harm the Service and/or Platform in any way, and shall refrain from: (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending or storing infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempting to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Platform and network which the Service operates on; and (i) using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform or its content;

3.1.11. You will not attempt to commercially exploit any part of the Application without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content or any part thereof in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by Sara-X. This includes without limitation not to:  

(a)create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;

(b) copy any content displayed through the Platform or “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third-party product content and reviews, for republication in any format or media; or navigational structure or presentation of the Platform or its content elsewhere;

(c) conduct data mining or scraping activities; and

(d) disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;

3.1.12 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Sara-X or to disrupt the natural functions of the Application; 

3.1.13. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

3.1.14. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Sara-X or any third party;

3.1.15. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Sara-X may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Sara-X has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

3.1.16. You will only use an access point or data account which you are authorized to use;

3.1.17. You agree that the Service is provided on a reasonable effort basis;

3.1.18. You agree that your use of the Service will be subject to Sara-X’s Privacy Policy;

3.1.19. You agree to assist Sara-X with any internal or external investigations as may be required by Sara-X in complying with any prevailing laws or regulations in place;

3.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Sara-X or any other party as a result of your breach of this Agreement;

3.1.21. You provide us the phone numbers of Sara-X users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance your use of the Service.

3.1.22. You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply;

3.1.23. You agree that Sara-X may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account; and

3.1.24. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Sara-X or any other party as a result of your breach of this Agreement.

 

 

 

3.2. If you are a Provider, you further represent, warrant and undertake that:

3.2.1.

3.2.2. If applicable, you have a valid policy/ies of liability insurance (in industry-standard coverage amounts in connection with your provision of the Solution(s));

3.2.3.

3.2.4. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Solution(s)provided by you;

3.2.5. You shall obey all local laws related to your provision of the Solution(s) and will be solely responsible for any violations of such local laws and you acknowledge that Sara-X has the right to carry out background search on you from time to time, to ensure that you are not directly or indirectly involved in a criminal action or being investigated for a criminal allegation or implicated in a criminal proceeding;

3.2.6. You shall not contact Users for purposes other than in connection with the Service;

3.2.8. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any Consumers, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application

3.2.9. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;

3.2.10. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;

3.2.11. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of Sara-X’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Sara-X reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and

3.2.12. Without prejudice to any other provisions, information which you have submitted to us for your registration as a Provider on the Platform, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Solutions, and to facilitate your use of the Platform. Your use of the Platform or any part thereof may be monitored by us or a third-party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a User via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

3.3. If you are a User, you further represent, warrant and undertake that :

3.3.1. Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;

3.3.2. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;

3.3.3. Where applicable, you agree to indicate the accurate service needed when requesting for the Service. You further acknowledge and agree that if the information on the information of problem is untrue or inaccurate, the Provider is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy;

3.3.4. You shall not contact the Provider for purposes other than the Service;

3.3.5. You shall not intentionally or unintentionally cause or attempt to cause damage to the Provider or any property/belonging of the Provider.

  1. Compatibility

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.

  1. License Grant and Restrictions

5.1. Sara-X and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Sara-X and its licensors.

5.2. You shall not:

5.2.1. Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or 

5.2.2. Remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform. 

  1. Payments

6.1 Payment Terms for Provider (Service-provider)

6.1.1 Sara-X charges a fee for your use of the Service (“Service Fee”). The Service Fee may be up to 20% of the User Charges unless otherwise communicated to and accepted by you before you commence provision of the Solution(s). The Service Fees are payable by you immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT SaraX MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF USER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.

6.1.3 Sara-X retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold Sara-X liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

6.1.4 Sara-X may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the User whereby these promotional offers shall accordingly be honoured by you. Sara-X may change the Service Fee at any time at its sole discretion.

6.2 Payment Terms for Users:

6.2.1 Users are required to make full payment of the Users Charges for all services offered in the Application by the method selected at the time of booking, which may be paid by any one of the automated payment methods available to you on the Application. Any deposit payment pursuant to such selection is non-refundable and irrevocable.

6.2.2 Automated payment may be made by credit card and or debit card, by Sarawak Pay, alternative e-Wallets or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the Sara-X Terms of Service, accessible via the sarax.com.my website.

6.2.3 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Solution has been provided and given to the Provider unless you choose to change the amount or remove the tip.

  1. Cancellation

7.1 For Provider:

7.1.1 The Users rely on you for service or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of Sara-X.

7.1.2 While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Sara-X reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.

7.2 For Consumers:

7.2.1 You may cancel your request for services at any time before your booking commences with the Provider that has been matched with you by the Service option.

7.2.2 If you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as Sara-X may notify from time to time via the Cancellation Policy on Sara-X’s website. The cancellation Fee is 20% of the total payments.

7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact Sara-X via the Help Center on Sara-X’s website for assistance. Sara-X reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the service booking.

  1. Ratings

8.1. Users and Providers may be allowed to rate each other in respect of Solutions and Services provided.

8.2. Every rating will be automatically logged onto Sara-X’s system and analyse all ratings received. Sara-X may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

  1. Complaints

9.1. Any complaints between Providers and Users must be taken up with each other directly.

  1. Intellectual Property Ownership

10.1. Sara-X and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by Sara-X and/or its licensors. Sara-X’s name, Sara-X’s logo, the Service, the Software and/or the Application and the third party service providers’ logos and the product names associated with the Software and/or the Application are trademarks of Sara-X or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

  1. Taxes

11.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Sara-X to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

11.2. If you are a Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

  1. Confidentiality

12.1. You shall maintain in confidence all information and data relating to Sara-X, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Sara-X (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Sara-X, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Sara-X’s prior written consent, disclose such information to any third party nor use it for any other purpose.

12.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

12.2.1. was at the time of receipt already in your possession;

12.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;

12.2.3. was received from a third party having the right to disclose it; or

12.2.4. is required to be disclosed by law.

  1. Data Privacy and Personal Data Protection Policy

13.1. Sara-X collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of Sara-X’s Services and its terms are made a part of this Agreement by this reference.

13.2. Where applicable, you agree and consent to Sara-X, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

13.3. You acknowledge that Sara-X may disclose Personal Data of other individuals to you in the course of your use of Sara-X’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Sara-X, and not for any other unauthorized purposes.

  1. Third Party Interactions

14.1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Sara-X and its licensors shall have no liability or obligation for any such communication or agreement. Neither Sara-X nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Sara-X, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or Providers. Certain Providers of goods and/or services may require your agreement to additional or different Terms of Service and privacy policies prior to your use of or access to such goods or services, and Sara-X is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the Providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third-party services. Sara-X is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

14.2. Sara-X may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. You agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings. You agree and allow Sara-X to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.

14.3. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

  1. Indemnification

15.1. By agreeing to the Terms of Service upon using the Service, you agree that you shall indemnify and hold Sara-X, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any property, including your provision of Services to Users via the Service Platform.

  1. Disclaimer of Warranties

16.1. The Application, its content and any related service(s) is provided to you on an “as is” basis. Sara-X makes no representations or warranties of any kind, express or implied, in connection with the Software, Application, Platform, Service, these Terms of Service, the content or any related service(s). Although we make reasonable efforts to keep the Application up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Software, Application, Platform, Service, or Terms of Service.

16.2. Sara-X makes no representation or warranty of any kind whatsoever, express or implied, in respect of Services provided by Providerd or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Provider and shall have no recourse to Sara-X in respect of the same.

  1. Internet Delays

THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE PROVIDERS BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. SaraX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

Section B – Additional Terms

  1. Sara-X

1.1 For Users:

1.1.1 The Application allows you to place orders for services from Providers who are merchants which at your option when placing the order(s), may be delivered to you by an Provider, who are service-partners or otherwise availability communicated by Sara-X. Sara-X does not own, sell or resell any service and product or does not control any of these Providers or any services provided by them. You understand that any order that you place shall be subject to the service and product availability on the part of the Providers.

1.1.2 Upon your placement on a Sara-X, the relevant Provider(s) may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order, the price to be paid or any change thereof. For the avoidance of doubt, Sara-X will involve in and will not be responsible for any such separate arrangement between you and the Provider(s) where such arrangement is not confirmed and recorded on the Platform (ad-hoc service).

1.1.3 Sara-X and/or the relevant Provider may not process your Service Order in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested location falls outside the zone offered in the Application, or unavailability of items ordered.

1.1.4 The prices of services and products items reflected in the Application are determined solely by the relevant Providers and are listed for information only.

1.1.5 Prices of services and products items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated service information supplied by the relevant Providers, be incorrectly reflected and in such an event the relevant Providers may cancel your order(s).

1.1.6 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts before proceed with the payment. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted services or products item may be rounded. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. Sara-X will not be liable for any direct or indirect losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. Sara-X may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account.

1.1.7 The merchant Provider shall be solely responsible for any warranty in relation to, and quality of, the service and products sold to you.

1.1.8 You are responsible for ensuring that the address details entered by you on the Application are accurate and complete. Sara-X shall not be liable in the event of late service or non-delivered of service and product items that you order by reason of erroneous address details entered by you on the Application.

Point of Interest Contributions

  1. This section applies to Users’ and Providers’ submission of Point of Interest (“POI”) locations to the map in the relevant Application.
  2. Submission requirements:When submitting a POI, you are required to provide POI content such as the name, address and category of the POI. You may also provide additional POI content such as images of the POI and relevant additional details (“POI Content”).
  3. Prohibited content:You shall ensure that all POI Content submitted:

3.1. is not inaccurate, fake or spam;

3.2. is not defamatory, obscene, discriminatory, provocative, derogatory, harmful, offensive or otherwise objectionable;

3.3. does not contain irrelevant content such as political or personal opinions;

3.4. does not offer or promote the sale of any regulated or prohibited items or services, including but not limited to tobacco, drugs, alcohol, gambling, weapons, medical services and adult services;

3.5. does not refer to, promote or depict sexually explicit content, abusive images and/or images of minors, violence, terrorism or any other harmful behaviour or illegal conduct;

3.6. does not contain personal/sensitive data or images of any person;

3.7. does not contain images of protected areas, publicly inaccessible locations or restricted areas, or areas where photography and filming are not permitted (e.g. immigration checkpoints, military compounds, interiors of private residences);

3.8. is not copied or stolen, and does not infringe upon third party intellectual property rights; and

3.9. complies with the “Content Code” published by the Malaysian Communications and Multimedia Commission.

  1. Acceptance, rejection or removal of POI: Sara-X may, at its sole discretion and at any time without notice to you:

4.1. accept or reject any POI Content submitted;

4.2. amend or redact any accepted POI or POI content; and

4.3. remove any POI or POI Content.

  1. Rewards: Sara-X may provide incentives or rewards for accepted POI Content submissions from time to time, as notified to you in the Application.
  2. License: By submitting a POI,

6.1. you are solely responsible for your conduct and any data, text, information, names, images, graphics, photos, imagery and other content that you submit, post display on or via the Application. Sara-X does not claim ownership of any POI Content that you post on or through the Application.

6.2. you have no obligation to provide any content to Sara-X. However, if you choose to upload or share content, you represent and warrant that you have the requisite permissions to submit the POI and the POI Content,

6.3. you grant Sara-X an irrevocable, worldwide, non-exclusive and royalty-free license to host, reproduce, distribute, communicate, publish, use, sub-license, modify and create derivative works based on the POI and POI content.

6.4. POI or POI Content that contains publicly-available factual information, such as the name of a business is not covered under the scope of this license.

6.5. This license lasts for as long as your POI content is protected by intellectual property rights.

  1. Amendment or removal requests:You may submit requests to amend or remove POIs or POI content through the Application. Sara-X will assess on a case-by-case basis whether to accede to such requests at Sara-X’s sole discretion.