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Terms Of Service

Payment Terms

 

1. PAYMENT TERMS

 

1.1. You may make payments to your Account using any of the following methods:

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(a) Online Banking (FPX)

You may direct your bank to add funds to your Account. In the event that you add funds to your Account using online banking: 

 

(i) you confirm that you are legally authorized to access the designated bank account you have linked to your Account; and 

 

(ii) you hereby confirm, consent and irrevocably authorize Quurk to charge your designated bank account for the top up amount.

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(b) Credit / Debit Card

You may use your credit / debit card to make payment to your Account. You agree that we may verify and authorize your credit / debit card details when you first register with us as well as when you use the Services. In the event that you add funds to your Account using credit / debit card:

 

(i) you agree that we may issue a reasonable authorization hold, which is not an actual charge on your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card; and

 

(ii) you hereby confirm, consent and irrevocably authorize Quurk to charge your credit / debit card account for the top up amount. You further agree and undertake to comply with the terms and conditions imposed by the issuer of the credit / debit card.

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1.2. We have the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal, abusive or involves any criminal activity or where we reasonably believe you to be in breach of these Terms of Service. You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place. You are liable to us for the full amount of the payment if it is later invalidated for any reason including, but not limited to, claims, chargebacks, or if there is a reversal of the payment. You agree to allow us to determine at our sole discretion (or in the case where a credit / debit card is used as the funding source, to work with your credit / debit card issuer) the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to us by debiting your Account.


 

1.3. You acknowledge and agree that no liability shall be incurred by us if we are unable to complete any transfers initiated by you for any reason beyond our control such as:

 

(a) if, through no fault of ours, your account or Account does not contain sufficient funds or if the transfer would exceed the transactional limit set for your Account;

 

(b) our payment processing centre is not working properly and you know or have been advised by us about the malfunction before you execute the transfer;

 

(c) you have not provided us with the correct account information, or information that you provided becomes incorrect; and/or

 

(d) circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force), even if foreseeable or foreseen, that prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.


 

1.4. Subject to Clause 9, and provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Account or causes funds from your Account to be directed in a manner inconsistent with your instructions, you agree that your sole remedy shall be to have the wrongly deducted sum returned to your Account.


 

1.5. Payment Processing Services


 

1.5.1. You may make payment to a third party, such as 3P Merchants through our Platform. By using our Services, you agree that we may use all information, including personal and billing information, provided by you to us in the course of using the Services (“Payment Instructions”). You acknowledge and agree that it is your sole responsibility to ensure that all your Payment Instructions are correct, complete and accurate in every respect and you understand that time is required to process your Payment Instructions. The Payment Instructions provided by you will be treated as final and we will not be required to verify the Payment Instructions with you. Further, by providing us with your Payment Instructions, you agree to pay or allow us to deduct from your Account all fees and charges associated with your Payment Instructions.


 

1.5.2. We are solely a payment agent and we do not hold any stock in our inventory. All feedback and complaints about your purchases should be directed to the relevant 3P Merchant. Your Payment Instructions may be made out through your Account balance. You may use funds from your designated Account to make payments or purchases. 


 

1.6. QR Payment


 

1.6.1. You are responsible for ensuring that the transaction amount keyed-in or displayed on your mobile application screen is correct prior to confirming the transaction. The transaction amount key-ed in or displayed via the Merchant or recipients’ QR code shall be deemed by Quurk to be correct upon your confirmation of the transaction. Quurk is under no obligation whatsoever to verify the amount paid by you matches with the recipient’s amount. 

 

1.6.2. We will notify you on the status of each successful, failed or rejected QR transaction via any of our available communication channels chosen by you. 


 

1.6.3. You acknowledge and agree that we shall have no duty to and shall not be required to take any steps to verify or seek any other confirmation from any party as to whether such Merchant or recipient is the intended party to receive the funds, and we shall not be liable for transferring the funds to such Merchant or recipient even if such person is not the intended party. 


 

 1.6.4. Pursuant to Clause 2.9.3, you agree that once a QR transaction is confirmed, it will be deemed irrevocable and you will not be able to cancel, stop or perform any changes to that QR transaction.

 

     

1.7. DuitNow Services


 

1.7.1. Definitions

For the purposes of these Terms of Service, the following terms shall have the meaning ascribed to them:

 

(a) "Common ID” means your unique identification which links all DuitNow IDs registered by you such as your NRIC, army number, or police number, or for non- Malaysians, passport number.

 

(b) “DuitNow ID” means an identifier of an account holder such as a mobile number, NRIC, passport number, army number or police number (in the case of an individual) or business registration number (in the case of a corporate customer) or any other identifiers as may be introduced by the NAD Operator i.e., HitPay Payment Solutions Sdn. Bhd. (“HitPay”) from time to time;

 

(c) “DuitNow Transfer” means a service which allows you to initiate and receive instant credit transfers using a recipient’s account number or DuitNow ID.

 

(d) “Malware” means computer viruses, bugs or other malicious, destructive or corrupting software, code, agent, program or macros, and/or phishing or social engineering schemes which utilize computer software or telecommunications to obtain personal data or any other personal information for malicious or fraudulent purposes;

 

(e) “National Addressing Database” (NAD) means a central addressing depository established by HitPay that links a bank or an e-money account to a recipient’s DuitNow ID and facilitates payment to be made to a recipient by referencing the recipient’s DuitNow ID; and

 

(f) “NAD Name Enquiry” means a service which returns the name of the owner who has registered its DuitNow ID in NAD.


 

1.7.2. NAD Service


 

GENERAL

 

(a) The NAD service allows you to link an Account that you have with us to your DuitNow ID. You may link more than one of your DuitNow ID to the same Account. However, you may not link a particular DuitNow ID to multiple Accounts.

 

(b) By linking your DuitNow ID to your Account, you have the option of receiving incoming funds via DuitNow or any other payment services that address payments using your DuitNow ID.

 

(c) When you register your DuitNow ID in NAD, you will also provide us with your Common ID which will be linked to your Account with your registered DuitNow ID. Your Common ID will be used by other NAD participating banks for the purpose of identifying you, as part of facilitating the DuitNow services.


 

Modification and deregistration of your DuitNow ID

 

(d) You may update or change your DuitNow ID that is linked to your Account via the channels made available to you. We will require a reasonable notice period to effect such changes or updates.

 

(e) You understand and agree that your DuitNow ID that is linked to your Account may be deregistered by you or by us, due to the following circumstances:


 

(i) you wish to transfer your existing DuitNow ID to another Account in another bank or e-money issuer;

 

(ii) you have changed or updated your DuitNow ID;

 

(iii) you have closed your Account that is linked to your DuitNow ID;

 

(iv) the mobile number which you have provided to us as your DuitNow ID has been    terminated and recycled for use by another person;

 

(v) after a period of inactivity; or

 

(vi) Upon investigation, we find out that you or your DuitNow ID is potentially involved in  any fraudulent activity(s).


 

(f) You will receive a confirmation of de-registration from us via email as soon as the de-registration is confirmed.


 

Your information

 

(g) You represent and warrant that the DuitNow ID used for registration in NAD belongs to you, is correct, complete and up-to date for the use of the service and you will promptly notify us if there is any change to the DuitNow ID information provided to us.

 

(h) You acknowledge and agree that other NAD participating banks or e-money issuers may perform a NAD Name Enquiry of your DuitNow ID for the purpose of verifying or identifying your name to your registered DuitNow ID, as part of facilitating the DuitNow services.


 

(i) You acknowledge and consent to the disclosure of your DuitNow ID, your Common ID and other relevant personal data to HitPay for its processing, storing, and archival and disclosure to the sender of funds or merchants under the DuitNow services, our affiliates, service providers, other NAD participants and third parties offering the DuitNow services and their respective customers.

 

(j) You acknowledge and agree that we may disclose your DuitNow ID information to anyone who we are under an obligation to disclose information to under the law or where it’s in the public interest, for example to prevent or detect fraud and abuse.

 

(k) We will only disclose, use and process your DuitNow ID for the purpose of facilitating   the DuitNow services.

 

(l) We have in place, reasonable security measures (both technical and organizational) against unlawful or unauthorized processing of your DuitNow ID. We will notify you as soon as practicable if your DuitNow ID is lost, destroyed, or becomes damaged, corrupted or unusable.


 

1.7.3.    DuitNow Transfer


 

(a) The DuitNow Transfer service allows you to transfer an amount specified by you from your Account maintained with us, to a bank or e-money account maintained by your recipient at a participating DuitNow Transfer participant via Pay-to-Account-Number and Pay-to-Proxy (Pay via DuitNow ID), or such other means as prescribed by us or HitPay from time to time.

 

(b) If you wish to send funds via DuitNow Transfer, you must first initiate a payment by entering the recipient’s DuitNow ID in our App.

 

(c) We will perform a ‘Name Enquiry’ to verify the recipient’s registration of its DuitNow ID in NAD and if the recipient is registered, we will display the name of such registered DuitNow Transfer recipient.

 

(d) You are responsible for the correct entry of the recipient’s DuitNow ID and ensuring that the recipient’s name displayed is the intended recipient of the funds prior to confirming the DuitNow Transfer transaction.

 

(e) We will notify you on the status of each successful, failed or rejected DuitNow Transfer transaction via any of our available communication channels chosen by you.

 

(f) You acknowledge and agree that we shall have no duty to and shall not be required to take any steps to verify or seek any other confirmation from any party as to whether such registered recipient is the intended recipient, and we shall not be liable for transferring the funds to such registered recipient even if such person is not the intended recipient.

 

(g) Pursuant to Clause 2.10.3(f) above, you agree that once a DuitNow Transfer transaction is confirmed, it will be deemed irrevocable and you will not be able to cancel, stop or perform any changes to that DuitNow Transfer transaction.

 

(h) You are advised not to submit multiple Name Enquiry Requests without a confirmed DuitNow Transfer transaction. We shall not display the results of the “Name Enquiry Requests” upon receipt of multiple consecutive Name Enquiry Requests that are not followed with a confirmed DuitNow Transfer transaction. Without prejudice to any of our rights and remedies, we reserve the right to terminate or suspend your access to and use of the DuitNow services if multiple Name Enquiry Requests are submitted without a confirmed DuitNow Transfer transaction. 


 

1.8. Fees of Services


 

1.8.1. There are no fees for payments made for Account. We reserve the right to impose fees for the use of the Services in the future and will automatically deduct the amount from your Account. 


 

1.8.2.    In respect of the DuitNow Transfer service, we reserve the right to revise at any time, charges for the use of the DuitNow Transfer service, by providing you with thirty (30) days written notice. Such revisions shall take effect from the date stated in the notice. Where you continue to access or use the DuitNow Transfer service after such notification, you shall be deemed to have agreed to and accepted such revisions to such charges.


 

1.8.3.    In respect of the DuitNow Transfer service, we reserve the right to revise at any time, charges for the use of the DuitNow Transfer service, by providing you with thirty (30) days written notice. Such revisions shall take effect from the date stated in the notice. Where you continue to access or use the DuitNow Transfer service after such notification, you shall be deemed to have agreed to and accepted such revisions to such charges.


 

1.9. No Liability 


 

1.9.1.    You acknowledge and agree that no liability shall be incurred by us if we are unable to complete any Payment Instructions initiated by you for any reason beyond our control, including, but not limited to, the following:

 

(a) if, through no fault of ours, your Account does not contain sufficient funds or if the payment or purchase would exceed the transactional limit set by you for your Account;

 

(b) our payment processing centre is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instructions;

 

(c) you have not provided us with the correct Account information, or information that you provided becomes incorrect; and/or

 

(d) circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force), even if foreseeable or foreseen, that prevent the proper execution of the Payment Instructions and we have taken reasonable precautions to avoid those circumstances.


 

1.10. Subject to Clause 9, and provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your Account or cause funds from your Account to be directed in a manner that does not comply with your instructions, you agree that your sole remedy shall be to have the wrongly deducted sum returned to your Account. You agree and acknowledge to release and indemnify us against any damages, losses and claims from the third party in relation with the foregoing.


 

2.14. In the event where a Transaction is terminated, we may, at our sole discretion, determine whether it is reasonable to refund part of or all the funds to the User.


 

2.15. The types of Transactions and other benefits, features, and functions of the Services available to a User may vary for different countries and regions. No warranty or representation is given that the same type and extent of transactions, benefits, features and functions will be available to all Users.


 

2.16. We reserve the right to refuse or cancel any Transaction for any reason at our sole discretion. Situations that may result in a Transaction being rejected or cancelled, include, but are not limited to, problems which have been identified by our credit and fraud control department, where we have reason to believe that the Transaction is unauthorized, violates any law, rule, or regulation, or may otherwise subject us or any of our affiliates to liability. We may also require additional verifications or information of any Transaction.


 

2.17. We may impose additional restrictions, limitations, prohibitions or any other measures that we, in our sole discretion, deem necessary or reasonable in each Transaction.


 

2.18. You will be responsible for all Transactions made through the Platform via your designated Account, with or without your authority, knowledge or consent, and may not claim against us in connection with any such use or purported use.


 

2.19. In respect of the NAD service, we and HitPay shall not be liable for any losses or damage you may suffer as a result of, including, but without limitation:

 

(a) your failure to maintain up-to-date information and your failure to provide accurate information to us;

 

(b) our compliance with any instruction given or purported to be given by you which is apparent to a reasonable person receiving such instruction;

 

(c) any misuse or any purported or fraudulent use of your DuitNow ID including instances whereby online fraud is perpetrated by way of any Malware; and

 

(d) any disclosure of any information which you have consented to us collecting, using or disclosing or where such collection, use or disclosure is permitted or required to be disclosed under the applicable laws in Malaysia.


 

2.20. In respect of the DuitNow Transfer service, you acknowledge and agree that, unless expressly prohibited by mandatory laws, we and HitPay shall not be liable to you or any third party for any direct, indirect or consequential losses, liabilities, costs, damages, claims, actions or proceedings of any kind whatsoever in respect to any matter of whatsoever nature in connection with the DuitNow Transfer service offered by us arising from:


 

(a) your negligence, misconduct or breach of any of the DuitNow Transfer service terms;

 

(b) any erroneous transfer of funds by you, including any transfer of funds to the wrong DuitNow ID, wrong Recipient or wrong third party; and

 

(c) the suspension, termination or discontinuance of the DuitNow Transfer service.

 

You shall indemnify and hold us, our affiliates, and HitPay harmless from and against any loss or damage suffered due to any claim, demand, or action brought against us, our affiliates, and HitPay resulting from your negligent and/or fraudulent act.


 

3. PRIVACY


 

3.1. Your privacy is very important to us. To better protect your rights, we have provided the Company’s Privacy Policy to explain our privacy practices in detail. Please review the Company’s Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Services. By using the Services or agreeing to these Terms of Service, you consent to our collection, use, disclosure and/or processing of your Content and personal data as described in the Company’s Privacy Policy.


 

3.2. Users in possession of another User’s personal data (the “Receiving Party”) must (a) comply with all applicable personal data protection laws; (b) allow the other User (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and (c) allow the Disclosing Party to review what information has been collected about them by the Receiving Party.



 

4. LIMITED LICENCE


 

4.1. Pastopia are licensed to you, not sold. Quurk grants you a personal, limited, non-transferable (i.e., not for sharing), revocable and non-exclusive license to use Pastopia to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any Pastopia, Content or Entitlements (as those terms are defined below), unless expressly authorized by Quurk or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Pastopia, unless expressly authorized by Quurk or permitted by law. Quurk or its licensors own and reserve all other rights, including all right, title and interest in the Pastopia and associated intellectual property rights.


 

4.2. You are welcome to link to Pastopia from any form of social media posts and/or shoutouts, provided that your posts and/or shoutouts does not imply any endorsement by or association with us, unless with prior legal arrangement. You acknowledge that we may, in our sole discretion and at any time, discontinue providing any part of the Services.


 

5. SOFTWARE


 

5.1. Pastopia include Content and Entitlements. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or coming from Pastopia, as well as the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes Pastopia Account personas, forum posts, profile content, a player's voice or other audio transmitted as part of social features available in or through Pastopia, images or other visual material submitted or otherwise contributed to or through Pastopia, and other Content contributed by users to Pastopia. All Content is either owned by Quurk or its licensors, or is licensed to Quurk and its licensors pursuant to Section 6 below.


 

5.2. Entitlements are rights that Quurk licenses to you to access or use the online or off-line elements of Pastopia. Examples of Entitlements include access to digital or unlockable Content; additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game accomplishments; and virtual points, coins, or currencies.


 

5.3. You will provide at your own expense the equipment, Internet connection and charges required to access and use Pastopia.


 

5.4. Unless accompanied by a separate licence agreement, any software provided by us to you as part of the Services is subject to the clauses of these Terms of Service. The software is licensed, not sold, and we reserve all rights to the software not expressly granted by us. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by us.


 

6. ACCOUNTS & SECURITY


 

6.1. You need to create a Pastopia Account and complete the KYC (“Know-Your-Customer”) process to access and use Pastopia and all available services , including to play online.


 

6.2. To create a Pastopia Account, you must have a valid email address, and provide truthful and accurate information. You must be eligible to use Pastopia for which you are registering and must be a resident of a country where use of Pastopia is permitted.


 

6.3. You must be at least 13 years of age (or the minimum age of your country of residence) to create a Pastopia Account. If your age is between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review and agree to this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using Pastopia. Quurk recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.


 

6.4. You are responsible for the activity on your Pastopia Account; it's yours, don't share it. Your Pastopia Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.


 

6.5. You may cancel your Pastopia Account or a subscription to Pastopia at any time by contacting Pastopia's Customer Service Department at support@quurk.xyz. To complete your request, Quurk may collect fees or costs incurred, if allowed by law, and any amounts owed to third-party vendors or content providers.


 

6.6. You agree that we may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately terminate your Account, and remove or discard from the Platform any Content associated with your Account. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity; (b) violation of the letter or spirit of these Terms of Service; (c) fraudulent, harassing, defamatory, threatening or abusive behaviour; or (d) behaviour that is harmful to other Users, third parties, or the business interests of the Company. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against us, or which in any way involves us, then we may terminate your Account.


 

6.7. If your Account is or remains inactive (which means you have not logged into your Account) for more than three (3) months, we reserve the right to adopt the necessary measures such as suspending or deactivating your Account.


 

6.8. If the balance in your Account has not been utilized for a period of not less than seven (7) years, your Account shall be deemed to be dormant, and the unutilized balance in your Account shall be lodged with the Registrar of Unclaimed Moneys (Jabatan Akautan Negara Malaysia) (“Registrar”) in accordance with the requirements under the Malaysia Unclaimed Moneys Act. You may recover your unclaimed money directly from the Registrar less any fees or charges that may be imposed, with no further recourse to us.


 

6.9. You may only use the Services and/or open an Account if your applicable jurisdiction allows you to accept these Terms of Service.


 

6.10. For certain 3P Merchants, your 3P Merchant account must be terminated if you want to terminate your Account with us. In these scenarios, you need to submit a request to us or the relevant 3P Merchant’s customer service directly and settle all of your obligations and ensure that your Account is not frozen/blocked before it can be automatically terminated. Please note that your Account can only be terminated if the balance is nil. Termination will be done immediately after request is submitted (within twenty four (24) hours), if you do not have any pending obligations.


 

6.11. Prior to the termination of the Account, you must transfer the remaining balance out of your Account using the DuitNow Transfer service (“Redemption”), after deducting any operational costs payable (if any), such that your Account balance is nil. Please note that your Account can only be terminated if the balance is nil. There is no minimum limit balance in the Account that can be redeemed. However, if the balance in the Account is insufficient for any deduction of the costs payable, you are required to settle this obligation by the method prescribed by us. 


 

6.12. Should your Account be banned due to investigation by any governmental or regulatory body(ies), we reserve the right to retain your money indefinitely and/or release it per instruction from the governmental or regulatory body(ies).


 

6.13. You agree that the funds in your Account can be categorized as transferable balance and non-transferable balance. Funds in your Account from top ups made using local and foreign credit cards and cashbacks form the non-transferable balance and can only be used for offline payments and online checkouts, but cannot be used for peer-to-peer transfer and/or any other products which we may prescribe from time to time. Other funds in your Account form the transferable balance and can be used for offline payments and online checkouts, peer-to-peer transfer and/or any other products which we may prescribe from time to time. 



 

7. SUSPENSION OR BREAKDOWN OF SYSTEM


 

7.1.    If you are unable to use the Services as a result of improper operation of the Software due to any of the following reasons, you agree that you will not hold us or our affiliates liable for:


 

(a) failure to give notice of system suspension or maintenance on our Platform;

 

(b) failure in transmission of data due to breakdown or suspension of telecommunications equipment and/or systems;

 

(c) failure in system operations due to force majeure events including, but not limited to, typhoon, earthquake, tsunami, flood, blackout, war, terrorist attack, beyond our reasonable control; or

 

(d) interruption or delays in the Services due to hacking, maintenance, upgrades, banking or regulatory bodies, and any other reasons.


 

7.2. You agree and acknowledge that you will release and indemnify us against any damages, losses and claims from you or other third party in relation with the foregoing suspension or breakdown of systems.


 

8. REFUNDS


 

8.1. In the event that a Transaction is cancelled, refunds for Transactions made via: 


 

(a) your Account or online banking will be credited to your Account; or

 

(b) credit / debit card will be credited back to the credit / debit card used in the Transaction.


 

8.2. In the event that the refund amount exceeds your Account limit or a single refund does not exceed your Account limit, but the total value when aggregated with your Account balance exceeds your Account limit, such refund will be withheld by Quurk until you transfer enough funds out of your Account using the DuitNow Transfer service such that your Account limit is not exceeded as a result of the refund.


 

8.3. Your Default Account is a standalone account and must be set-up individually. You can set up the Default Account via the Quurk App ("Me" > "Quurk" > "Setting" > "Quurk Bank Accounts"). Refunds to your: (a) credit / debit card may take seven (7) – fourteen (14) Business Days to reach your credit / debit card account; and (b) Account may take fifteen (15) minutes to reach your Account. For the purposes of these Terms of Service, “Business Day” means any calendar day from Monday to Friday, except a public holiday or bank holiday in Kuala Lumpur, Malaysia.



 

9. ERRORS AND UNAUTHORIZED TRANSACTIONS


 

9.1. If there is an error in the processing of any Transaction, you authorize us to initiate debit or credit entries to your Account balance to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your Account balance for any reason, you authorize us to resubmit the debit, plus any applicable fees, or to deduct the debit and applicable fees from your Account balance in the future. 


 

9.2.  If you erroneously send a payment to the wrong party or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you sent the payment and ask them to refund the payment. We will not reimburse you or reverse a payment that you have made in error.


 

DuitNow Transfer Transactions


 

9.3. If you have made an erroneous DuitNow Transfer transaction, you may request for the recovery of the funds


 

(a) within ten (10) Business Days from the date the erroneous DuitNow Transfer transaction was made and we will work with the affected recipient’s bank or e-money issuer to return the said funds to you within seven (7) Business Days provided the following conditions are met:


 

(i) the funds were wrongly credited into the affected recipient’s account;

 

(ii) if funds have been wrongly credited, whether the balances in the affected recipient’s account is sufficient to cover the funds’ recovery amount:



 

(A) if the balances are sufficient to cover the recovery amount, the erroneously credited funds may be recoverable; and

 

(B) if the balances are not sufficient to cover the recovery amount, the erroneously credited funds may not be fully recoverable and the recipient’s bank or e-money issuer may partially remit the recoverable fund back to you.


 

(b) between eleven (11) Business Days and seven (7) months from the date the erroneous DuitNow Transfer transaction was made, provided that:



 

(i) the affected crediting participant is fully satisfied that funds were erroneously credited to the affected recipient; and

 

(ii) deliver notifications to the affected recipients in writing regarding the funds recovery requests whereby the erroneously credited funds would be recovered through debiting the affected recipients’ accounts within ten (10) Business Days of the notifications unless the affected recipient provides reasonable evidence that the affected recipient is entitled to the funds in question. After fifteen (15) Business Days, if the affected recipients fail to establish their entitlement to the funds, the affected recipient’s bank or e-money issuer shall debit the affected recipients’ account and remit the funds back to you.


 

(c) after seven (7) months from the date of the erroneous DuitNow Transfer transaction, provided that:


 

(i) the affected recipient’s bank or e-money issuer is fully satisfied that funds were erroneously credited to the affected recipient;

 

(ii) the affected recipient’s bank or e-money issuer shall obtain from the affected recipient the decision whether to grant consent within ten (10) Business Days; and

 

(iii) once consent is obtained, the affected recipient’s bank or e-money issuer shall debit the affected recipient’s account and remit the funds back to you within one (1) Business Day.


 

9.4. For DuitNow Transfer transactions which were not authorized by you or which are fraudulent, we will, upon receiving a report from you alleging that an unauthorized or fraudulent DuitNow Transfer transaction was made, remit the funds back to you provided the following conditions are met:


 

(a) we shall conduct an investigation and determine within fourteen (14) calendar days, if the unauthorized or fraudulent payment did occur; and

 

(b) if we are satisfied that the unauthorized or fraudulent payment instruction did indeed occur and was not caused by you, we shall initiate a reversal process whereby all debit posted to your account arising from the unauthorized or fraudulent payment instruction would be reversed.


 

10. TERMINATION


 

10.1. This Agreement is effective until terminated by you or Quurk. Quurk may terminate your access and use of any Pastopia or your Pastopia Account if Quurk determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of Pastopia on your Pastopia Account. Quurk will notify you of any termination of your Pastopia Account, and you may lose your username and persona as a result. If you have more than one Pastopia Account, depending on the type of violation or misuse, Quurk may terminate all of your Pastopia Accounts and all related Entitlements. If your Pastopia Account is terminated, you will not have access to your Pastopia Account or Entitlements and may be barred from accessing or using any Pastopia again. Upon termination, your license under this Agreement also shall terminate.


 

10.2. Instead of terminating your Pastopia Account, Quirk may alternatively issue you a warning, suspend or alter your access to a particular Pastopia or your Pastopia Account, remove or revoke Entitlements at an Pastopia Account or device level, remove or delete any Content which is in violation with this Agreement, or ban your device or machine from accessing specific Pastopia. If Quurk takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement. Actions are cumulative and repeated rule-breaking may result in your Pastopia Account being terminated.


 

10.3. Quurk may terminate any Pastopia at any time by giving at least thirty days' notice either via email (if available), within the affected Pastopia, or on the service updates page of Pastopia's website (https://www.pastopia.io/). After online service termination, no software updates will be applied to our games and we can't guarantee our games will continue to function on newer or updated operating systems or be available for download via application distribution services such as the iOS App Store and the Google Play Store. Any games available via such application distribution services after online service termination may be removed without further notice to you.


 

10.4. If you terminate this agreement, you agree to cease all use of Pastopia.


 

11. DISCLAIMER


 

11.1. We are not a bank or other chartered depository institution, nor an issuer of any credit cards, debit cards, savings account or other prepaid payment service method (“Payment Instrument”), unless expressly stated otherwise. For Transactions facilitated with Quurk, we handle the payment to 3P Merchants and the charging of your Payment Instrument to conduct your payment for the purchase.


 

11.2. THESE TERMS OF SERVICE DO NOT AMEND OR OTHERWISE MODIFY YOUR AGREEMENT WITH THE ISSUER OF YOUR PAYMENT INSTRUMENT, AND YOU ARE RESPONSIBLE FOR ENSURING YOUR USE OF SOFTWARE COMPLIES WITH ALL SUCH AGREEMENTS. IN ADDITION, YOU ARE RESPONSIBLE FOR ALL CHARGES AND/OR DEBITS TO YOUR PAYMENT INSTRUMENT RESULTING FROM ANY PURCHASES MADE FROM THE ACCOUNT IN ACCORDANCE WITH SUCH AGREEMENTS. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS OF SERVICE AND YOUR AGREEMENT WITH THE ISSUER OF YOUR PAYMENT INSTRUMENT, THESE TERMS OF SERVICE GOVERN THE RELATIONSHIP BETWEEN YOU AND US SOLELY WITH RESPECT TO THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR PAYMENT INSTRUMENT AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY, OR AVAILABILITY OF ANY INFORMATION YOU ENTER OR OTHERWISE STORE IN THE SOFTWARE, INCLUDING, WITHOUT LIMITATION TO, WHETHER SUCH INFORMATION IS CURRENT AND UP TO DATE.


 

11.3. THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING TO THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES, THIS PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.


 

11.4. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN PARTICULAR, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE SECURITY CODES PROVIDED TO YOU AND YOU MAY NOT CLAIM AGAINST US FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR FAILURE TO DO SO.


 

11.5. Any downloading of data from our system is done solely at your risk, and we do not warrant that such data or our system is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.


 

11.6. If you send funds to the wrong party or sent a wrong amount, we may choose to assist you, in our sole discretion, in contacting the party that received the funds to ask for a refund. However, we will not be liable to reimburse any payment or to reverse any Transaction that you have made as a result of your error or negligence.


 

11. EXCLUSIONS AND LIMITATION OF LIABILITY


 

11.1. IN NO EVENT SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION TO, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION TO, ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION TO, ANY DAMAGES RESULTING THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, Quurk MAKES NO WARRANTY ON THE SOLVENCY OF THE COMPANY OR AS A RESULT OF THE INSOLVENCY OR CEASING TO TRADE OF ANY AUTHORIZED INSTITUTION WITH WHICH THE MONEY IS HELD. 


 

11.2. WE MAY ESTABLISH GENERAL PRACTICES AND LIMITS CONCERNING THE USE OF THE SERVICES. WE RESERVE THE RIGHT TO CHANGE, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE SERVICES AT ANY TIME WITHOUT NOTICE AND LIABILITY. WE MAY DECLINE TO PROCESS ANY TRANSACTION, PARTICULARLY IF (A) TRANSACTION DOES NOT SATISFY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE OR OTHER APPLICABLE TERMS, RULES AND POLICIES; OR (B) IF WE HAVE REASON TO BELIEVE THAT THE TRANSACTION MAY VIOLATE ANY LAWS, RULES OR REGULATIONS THAT MAY OTHERWISE SUBJECT US OR OUR AFFILIATES TO LIABILITY.


 

11.3. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES.


 

12. LINKS TO THIRD PARTY SITES

 

The links provided throughout the Platform will let you leave this Platform. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. Therefore, we are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. The provision of these links are merely a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of the content therein.


 

13. RULE OF CONDUCT


 

13.1. When you use Pastopia, you agree that you will not:

 

(a) Violate any law, rule or regulation.

 

(b) Interfere with or disrupt Pastopia or any server or network used to support Pastopia, including any hacking or cracking into Pastopia.

 

(c) Use any software or program that damages, interferes with or disrupts Pastopia or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.

 

(d) Interfere with or disrupt another player's use of Pastopia. This includes disrupting the normal flow of game play, chat or dialogue within Pastopia by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.

 

(e) Harass, threaten, bully, embarrass, spam or do anything else to another player or any Quurk employee or representative that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated. We won't tolerate any unwanted conduct against any Quurk employee and representative because of their affiliation with Quurk in Pastopia or anywhere else.

 

(f) Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.

 

(g) Publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute.

 

(h) Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Quurk (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.

 

(i) Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.

 

(j) Impersonate another person or falsely imply that you are an Quurk employee or representative.

 

(k) Improperly use in-game support or complaint buttons or make false reports to Quurk staff.

 

(l) Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Pastopia.

 

(m) Make use of any payment methods or refund systems to access, purchase or refund Pastopia for fraudulent purposes, or without permission of the authorized owner, or otherwise concerning a criminal offence or other unlawful activity.

 

(n) Use any robot, spider or other automated device or process to access Pastopia for any purpose such as scraping data, abuse Pastopia, account creation, or copying material.

 

(o) Modify any file or any other part of the Pastopia that Quurk does not specifically authorize you to modify.

 

(p) Use or distribute unauthorized software programs or tools (such as "auto", "macro", hack or cheat software), or use exploits, bugs or problems in Pastopia to gain unfair advantage.

 

(q) Engage or assist in cheating or other anticompetitive behavior (such as boosting and collusion).

 

(r) Use or distribute counterfeit software or Pastopia Content, including in-game assets.

 

(s) Attempt to use Pastopia on or through any service that is not controlled or authorized by Quurk, or otherwise intentionally obfuscate your network connection or location or other metadata to gain access to Pastopia, make purchases, or otherwise access Pastopia.

 

(t) Sell, buy, share, trade or otherwise transfer or offer to transfer your Pastopia Account, any personal access to Pastopia, or any Pastopia Content associated with your Pastopia Account, including other Entitlements, either within Pastopia or on a third-party website, or in connection with any out-of-game transaction, unless expressly authorized by Quurk.

 

(u) Use Pastopia in a country in which Quurk is prohibited from offering such services under applicable export control laws.

 

(v) If Pastopia requires you to create a "username" or a "persona" to represent yourself in-game and online, you should not use your real name and may not use a username or persona that is used by someone else or that Quurk determines is vulgar or offensive or violates someone else's rights.

 

(w) Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of Pastopia.

 

(x) Use information about users publicly available in any Pastopia (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.

 

(y) Promote, encourage or take part in any prohibited activity described above.


 

13.2. If you or someone using your Pastopia Account breaks these rules (or any additional rules posted by specific Pastopia that apply to your conduct on those services), Quurk may send you a warning or otherwise issue a sanction, including revoking access to certain or all Pastopia, Content or Entitlements, or terminating your Pastopia Account as described in Clause 13.1. When practical, Quurk will notify you of the action it takes in response to rule-breaking or breach of this Agreement.


 

13.3. If you encounter another user who is violating any of these rules, please report this activity to Quurk Support at support@quurk.xyz.


 

13.4. Quurk may monitor, record, review, and retain your voice or text communications (together "communications") and other UGC, and take action in response to inappropriate UGC. If we detect inappropriate UGC, we may sanction the player who submitted it, and if applicable, remove it from any Pastopia at our discretion. Please see our Content Moderation and Enforcement information for details. Remember that your communications, including your UGC in Pastopia, may be seen and heard by others, including players and Quurk



 

13.5. In countries, territories, or other jurisdictions where consent or specific notice is required for monitoring or recording of communications, you hereby provide your express consent or acknowledge that notice has been provided to such monitoring or recording by accepting this User Agreement and choosing to contribute your Content.


 

13.6. Your use of Pastopia is subject to Quurk's Privacy and Cookie Policy at privacy.quurk.xyz, which is incorporated by reference into this Agreement.


 

14. YOUR CONTRIBUTIONS TO THE SERVICES


 

14.1. By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary permissions to grant the below licences to us. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation to, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant us and our successors an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation to, for promoting and redistributing part of the Services (and our derivative works). This licence granted by you terminates once either party removes your contributed Content from the Services. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.



 

14.2. Any material, information or idea you post on or through the Services, or otherwise transmit to us by any means (each, a "Submission"), is not considered confidential by us and may be disseminated or used by us or our affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to us, you acknowledge and agree that we and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant us and our successors an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation to, for promoting and redistributing part of the Services (and our derivative works). This licence granted by you will continue for as long as we determine to use your Submission. This clause does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.



 

15. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS


 

15.1. Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, we are not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold us responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.


 

15.2. In addition, the Services may contain links to third party text, video feeds and podcasts (collectively, "Third Party Feeds"), products, websites, services and offers, or links to download third party software applications. These third party links, third party feeds, products, websites, services and software applications are not owned or controlled by us. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. We have not reviewed, and assume no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that we shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website or widget. You further acknowledge and agree that we may disable your use of, or remove, any such third party links, third party feeds, or applications on the Services to the extent they violate these Terms of Service.


 

16. MAKING CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT


 

16.1. If you believe that your work (as included on the Services) has been copied, displayed, or distributed in a way that constitutes intellectual property rights (“IPR”) infringement, please notify the IPR agent.


 

16.2. A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the IPR that is allegedly infringed; (b) a description of such IPR and an identification of what material in such IPR is claimed to be infringed; (c) a description of the exact name of the infringing IPR and the location of the infringing IPR on the Services; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the IPR owner, our agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the IPR owner's behalf.


 

16.3. The IPR agent can be reached through the various methods available as stated in Clause 22. The IPR agent will only respond to any claims involving alleged IPR infringement.


 

17. YOUR REPRESENTATIONS AND WARRANTIES

 

 

You represent and warrant to us that:


 

(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with our terms;

 

(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations;

 

(c) you will only use the Services on a device on which such use is authorized by the device's owner;

 

(d) you will use the Services in good faith and in compliance with all applicable laws and regulations, including laws related to anti-money laundering and counter-financing of terrorism;

 

(e) you are solely responsible for maintaining the confidentiality of the password or security codes provided to you and you may not claim against us for any loss or damages resulting from unauthorized use of your password or your failure to do so; 

 

(f) all information given to the Account or in relation with the registration of the Account is correct, complete, accurate and up to date; and

 

(g) you will be solely responsible for payment of any taxes, duties, or other governmental levies, charges or fees, that may be imposed on the Services.


 

18. INDEMNITY


 

You agree to indemnify, defend and hold harmless the Company, and our shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation to, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of the Services by or on behalf of us; (b) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein; (c) your use or misuse of the Services; or (e) your breach of any law or the rights of a third party.


 

19. SEVERABILITY


 

If any clause of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that clause shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining clauses of these Terms of Service in such jurisdiction nor the validity and enforceability of the clause in question under the law of any other jurisdiction.


 

20. GOVERNING LAW


 

These Terms of Service shall be governed by and construed under the laws of Malaysia.  Any dispute, controversy, claim or difference of any kind whatsoever arising between us and you under these Terms of Service shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (“AIAC”) in accordance with the Arbitration Rules of the AIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one (1) arbitrator who shall be appointed by mutual agreement between you and Quurk (“Arbitrator”). If you and Quurk are unable to agree on an arbitrator, the Arbitrator shall be appointed by the Director of the AIAC in accordance with the Rules. Any arbitration award shall be made in writing and shall be final and binding on you and Quurk. The place and seat of the arbitration shall be Kuala Lumpur, Malaysia. The language to be used in the arbitration proceedings shall be the English language and the fees of the Arbitrator shall be borne equally by you and Quurk, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable laws. You and Quurk agree that Part III of the Arbitration Act 2005 shall not apply to these Terms of Service or the arbitration proceedings arising out of these Terms of Service. These Terms of Service and the rights and obligations of you and Quurk under these Terms of Service shall remain in full force and effect pending the award in any arbitration proceeding hereunder, save for the part in dispute and is to be determined in the arbitration proceeding.


 

21. GENERAL PROVISIONS


 

21.1. We reserve all rights not expressly granted herein.


 

21.2. We may modify these Terms of Service at any time by posting the revised Terms of Service on this Platform. Your continued use of this Platform after such changes have been posted shall constitute your acceptance of such revised Terms of Service.


 

21.3. You may not assign, sub-licence or transfer any rights granted to you hereunder or subcontract any of your obligations.


 

21.4. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you, 3P Merchants and us, nor does it authorize you to incur any costs or liabilities on our behalf.


 

21.5. Our failure at any time or times to require performance of any clauses hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing.


 

21.6. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of Company's and our affiliates' and subsidiaries' respective successors and assigns).


 

21.7. The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding between you and Quurk with respect to the Services and the Platform and supersede any previous agreement or understanding between you and Quurk in relation to such subject matter. You and Quurk also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, neither you nor Quurk have relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. You and Quurk each irrevocably and unconditionally waives all claims, rights and remedies which but for this Clause 21 it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.


 

21.8. You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption, including, without limitation to, the Malaysia Anti-Corruption Commission Act, UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.


 

21.9. If you have any questions or concerns about these Terms of Service or any issues in respect of these Terms of Service or on the Platform, please contact us through the various methods available as stated in Clause 22.


 

21.10. Any translation of these Terms of Service and any other policies referenced herein are provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. These terms and conditions are available in English and Bahasa Malaysia. In the event of any difference, conflict or discrepancy between the two versions, the English version of this Terms of Service shall prevail and take precedence over the Bahasa Malaysia version of this Terms of Service.


 

22. CONTACTING US


 

22.1. If you have complaints, feedback or believe a User on our Platform is violating these Terms of Service, please contact us:


 

(a) using our feedback function located under settings on the Platform; or

 

(b) contact us via the channels at the bottom of the page.


 

22.2. Please send all legal notices to legal@qQuurk.xyz and attention it to the “General Counsel”.


 

I HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL OF THE TERMS CONTAINED ABOVE AND ANY REVISION TO THE SAME HEREAFTER. BY CLICKING THE “PURCHASE NOW” BUTTON OR ANY SIMILAR ACTION BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY, AND I GIVE MY IRREVOCABLE ACCEPTANCE OF AND CONSENT TO BE BOUND BY THESE TERMS OF SERVICE.

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