Term of Use
Hi, welcome to CashCow! We are targeted advertisement and marketing platform provider, where we connect advertisers with their target audience.
Advertisers can submit videos to the Platform, for the purposes of advertising or otherwise (“Content”). Reward Members may access and watch and rate the Content for a Reward, paid out in monetary form provided by the Advertisers (“Purpose”), through accumulating Points on the Platform.
References to “CashCow”, “us” or “we” will mean CashCow Advertising Sdn Bhd, our service providers, contractors, Affiliates (i.e. any entity that has control over us, we have control over, is under our control, or under common control with us), or other business partners.
References to “Users” or “you” shall mean you, whether you are an Advertiser, a Reward Member, or a Visitor. “You” could also mean your Affiliate, if you are registering an account on behalf of the Affiliate.
Unless such terms are specified to apply to Advertisers or a Reward Members, every term in this TOU shall apply to all Users.
a) By using/visiting:
i) CashCow.com.my (“Website”);
ii) the products, software, data feeds and services obtained from this Website (“Services”); or
iii) our targeted advertisement and marketing platform,
(collectively, the “Platform”)
you are deemed:
i) to have acknowledged and agreed to adhere to this TOU, which constitutes your agreement to be bound by these TOU that establishes a contractual relationship between you and CashCow.
ii) to be legally capable of entering into a binding agreement;
iii) to not be in breach of any applicable laws, including, but not limited to, the Communications and Multimedia Act 1998, the Malaysian Communications and Multimedia Content Code, and the Malaysian Code of Advertising Practice, or third-party rights by entering into legal, contractual relationship with us;
iv) to be duly authorized to enter into a legal, contractual relationship with us (if applicable);
v) to have read our Privacy Notice and have provided your consent to use your personal information in accordance with the privacy notice; and
vi) in respect of Reward Members and Advertisers, to be over 18 years of age.
b) If you do not agree with our TOU, please do not use the Platform.
c) This TOU expressly supersede prior agreements or arrangements with you unless we agree otherwise.
d) Only Users residing and having a bank account in Malaysia are eligible to be Reward Members.
f) CashCow does not produce advertising content, provide advertising services or function as an advertising agency. All such Content which can be accessed through the Platform are provided by the Advertisers, which are independent third party contractors whom are not employed by CashCow or any of our Affiliates.
g) We do not endorse any Content submitted to the Platform, and we expressly disclaim any and all liability in connection with the Content.
h) We will remove all Content if properly notified that such Content infringes on a third-party’s intellectual property rights.
i) You are responsible for obtaining your own internet connection, and the related telecommunication charges for using the Platform.
2) Revisions and Changes to the TOU
a) We reserve the right, in our sole discretion, to modify, revise, change, amend, replace, remove, or withdraw the terms under this TOU without advanced notice to you.
b) The amended TOU will be published on this page. So please check this page regularly to stay informed of the latest changes to the TOU.
c) The latest published TOU shall replace any older version of the TOU.
d) Continued use of this Platform shall be deemed as acceptance of the latest TOU.
3) Platform Use and Prohibitions
a) You shall use this Platform in compliance of the TOU.
b) You shall not use the Platform:
i) to commit or encourage a criminal offence;
ii) to transmit or distribute a virus, trojan, worm, logic bomb, keystroke logger, spyware, or any other material which is malicious, technologically harmful, in breach of confidence, in breach of personal data protection laws in any jurisdiction, or in any way offensive or obscene;
iii) in any manner that could damage, disable, overburden or impair any of our servers, the networks connected to our servers, or interfere with any other party’s access and use of the Platform;
iv) to attempt to gain unauthorized access to the Platform, other CashCow User’s accounts, computer systems or networks connected to our server, or information not intentionally made available on or through the Platform, through hacking, password mining or any other means;
v) to interfere with the proper operational integrity of the Platform or any other activities conducted on the Platform;
vi) to remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform;
vii) to license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any unauthorized third party the Platform in any way;
viii) to link to, mirror, or frame any portion of the Platform;
ix) to cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform;
x) to corrupt, mine or steal any data from the Platform or the Users;
xi) to cause annoyance to other Users;
xii) to infringe upon the rights of any other person’s proprietary rights;
xiii) to send any unsolicited advertising or promotional material, i.e. spam;
xiv) to send and/or transmit any information or material which, in our opinion, is morally objectionable;
xv) to upload or circulate content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.
and any of the breaches above are grounds for immediate termination of account.
c) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform.
4) Classes of Users
The 3 classes of Users of the Platform, and their use of the Platform are described below:
a) Visitors – Visitors are visitors to the Website without registering for an Account. Visitors can access and view the Content, but will not be eligible for any Rewards, collection of Points or be able to submit Content.
b) Advertisers – After registering for an Account with us, Advertisers can submit Content for publication and viewing on the Platform. Advertisers can select and designate the desired criteria and demographics of Reward Members who are eligible for earning Points after watching and rating the Content, where such criteria and demographics include the viewers’ age, gender, income, job industry, religion etc (“Target Demographics”). Advertisers are able to determine and provide the Reward Members with the Rewards for watching and rating the Content submitted by the Advertisers.
c) Reward Members – After registering for a Reward Members Account with us, Reward Members are able to accumulate and earn Points after accessing and viewing the Content where the Reward Members fall within the Target Demographics selected by the Advertisers for that specific Content.
Every reference to “Account” will mean both “Accounts” and “Reward Members Accounts”.
5) Account Creation and Maintenance
a) When registering for an Account, you will be asked to provide some personal information. All information you provide to us during this on-boarding process are regarded as representations by you, and must be truthful and accurate and we shall not be held responsible for any display of Content to you based on untrue or inaccurate information you have provided to us.
b) We reserve the right to seek verification from you on the authenticity and accuracy of your information, and you shall furnish to us any documentary proof requested by us to enable us to verify such information to our reasonable satisfaction.
c) You are only allowed to register for ONE ACCOUNT. Creation of multiple accounts per person is strictly prohibited. For the avoidance of doubt, an Advertiser will also be entitled to accumulate Points and Rewards if the Advertiser registers for a Reward Members Account.
d) If you are in violation of any terms in this section, we reserve the right to:
i) Suspend or terminate your Account;
ii) To restrict, suspend your access or use of the Platform;
iii) In the case of Reward Members, to forfeit the Points (defined below) that you have accumulated;
iv) In the case of Advertiser Members, to forfeit the unused advertising budget you have remaining in your Account.
e) You are responsible for keeping your username and login details secure, and for preventing unauthorized access to your Account. You will be solely responsible for the all use of the Account, and any acts or omissions arising from your Account, whether or not such acts or omissions are authorized by you.
f) Your Account will become inactive if, based on CashCow’s records, you have not logged in for a period of ninety (90) days or more, or if CashCow has been unable to reach you, or has not received adequate payment instructions from you, after contacting you at the address you provided us. Any unutilized advertising budget or Points may expire or be forfeited upon the Account becoming inactive.
g) We are not liable for any damages, liabilities, losses or any other consequences caused (directly, or indirectly) arising from the use, whether or not authorized, of your Account.
h) If you become aware of any unauthorized use or breaches of your Account, or if your login details are no longer secure and confidential, IMMEDIATELY notify us by sending an email to email@example.com.
i) You shall update the information contained in your Account promptly or inform us of any changes in the information provided by you when registering the Account.
a) CashCow allows Advertisers to run highly targeted marketing campaigns by displaying the Content to Users and allowing the Reward Members to watch and rate the Content in exchange for Points.
b) It is not the parties’ intent, and nothing in the TOU shall be construed to create, between the Advertisers and CashCow, the relationship of employer/employee, principal / agent, trustee / beneficiary, partners or joint venturers.
c) Advertisers shall submit Content that strictly complies with our Content Submission Policy set out in clause 9 below.
d) Through the various controls and settings in the Account, Advertisers may choose for the submitted Content to be accessible and viewed by Reward Members in the Target Demographics in exchange for Points.
e) Whilst CashCow will endeavour to display the Content specifically to the Target Demographics, Advertisers are reminded that CashCow has no direct control over the following scenarios:
i) If Users have provided wrong, false or untrue information;
ii) If the information of Users have changed over time and are not updated by the Users; and
iii) The number of Users that fall within a specific set of selected Target Demographics.
f) CashCow reserves the absolute right to:
i) review submitted Content;
ii) reject submitted Content;
iii) remove submitted Content at any time without prior notice; and
iv) refuse access to Content at any time to certain demographics of Users.
g) Subject to the approval of CashCow, Advertisers may customize and select the incentives that will be given to Reward Members who have watched and rated a particular Content, in monetary form or other otherwise (“Rewards”).
h) In order for the Advertiser to reward the Target Demographic of Reward Members for watching and rating a particular Content, the Advertiser shall allocate an advertising budget and deposit the allocated cash amounts with CashCow. The allocated budget that the Advertiser deposits with CashCow will be reflected as a stored monetary value in the Advertiser’s Account dashboard. The stored amounts will be applied and distributed to the Reward Members by CashCow at the appropriate time (according to clause 8 on Reward Members) when the Content is viewed by the selected Target Demographic of Reward Members.
i) When the advertising budget is depleted, the said Content will no longer be exclusively accessible by and displayed to the Target Demographics, and will be accessible by and displayed to all Users. However, viewers of the Content will not be able to accumulate Points.
7) Advertising Budget
a) All deposits made to CashCow for the Advertiser’s advertising budget shall be denominated in Malaysian Ringgit only.
b) Advertisers shall bear any related bank charges, currency risks, or transactional costs for the deposits. Advertisers shall also bear any Goods and Services Tax (GST) that may be applicable or imposed by CashCow, and the Advertisers authorize CashCow to make any necessary deductions from the advertising budget for any GST that CashCow may be required to impose or collect under the local laws.
c) The advertising budget can be used by Advertisers over different or multiple marketing campaigns or Content, provided that:
i) the Account is not inactive, suspended or terminated; and
ii) there is sufficient allocated budget for each Content or Targeted Demographic selected to be displayed.
d) CashCow has an automated process of tracking the use and distribution to Reward Members of the advertising budget for any particular Content selected by the Advertiser. The calculations and itemization of the Advertiser’s advertising budget and usage will be available to the Advertiser to view in the Advertiser’s Account dashboard.
e) Kindly contact us in the event of any dispute or questions regarding the computation of the advertising budget. However, our determination and calculation of advertising budget, usage and balances are final and conclusive.
f) The advertising budget that has not been utilized upon an Account becoming inactive, suspended or terminated are refundable only in accordance with Clause 7A below.
g) CashCow is not in the business of and shall not be construed as deposit taking, or providing financial services. The deposits placed with CashCow shall not accrue any interest for the Advertiser nor will the amounts received by CashCow for the advertising budget be insured in any way.
7A) Refund Policy
a) The deposits for the advertising budget paid to CashCow are REFUNDABLE, subject to the Advertiser's strict compliance with this TOU.
7B) Fulfilment Policy
a) For Content with a designated Target Demographics and Rewards, the Content will be reviewed by CashCow within 24 hours, and if the Content is deemed to be in compliance with the Content Submission Policy, will be made accessible and displayed to the Target Demographics within 24 hours from approval by CashCow.
8) Reward Members
a) Based on the information provided by the Reward Members, aggregated data, and online behavioral patterns, CashCow will enable Content to be displayed to Reward Members which is relevant to the Target Demographics and/or as selected by the Advertiser according to their chosen Target Demographics of Reward Members for collection and accumulation of Points by Reward Members.
b) By watching and rating Content on the Website, Reward Members will be able to earn and accumulate points (“Points”) which are convertible to CASH to be paid by CashCow subject to the terms of this TOU.
c) Reward Members are reminded that the availability of Points for each Content is limited to the amount pre-determined by the Advertisers. Points will be awarded on a “first come first serve” basis.
d) The cash value of a Point shall be equivalent to RM0.01 at the point of successful redemption by the Reward Member. CashCow reserves the right to change the cash value of a Point from time to time by updating this TOU, and any changes shall apply immediately for any subsequent redemption of Points.
e) Reward Members shall provide true and accurate information when registering a Reward Member Account. Any inaccuracies or falsities in the provided information is grounds for termination of Account and forfeiture of any accumulated Points at CashCow’s sole discretion.
f) Every Reward Member is permitted to designate only ONE (1) personal bank account denominated in Malaysian Ringgit with a financial institution in Malaysia that we approve of to receive the Rewards.
g) Once the Reward Member has accumulated a minimum number of 10,000 Points (“Minimum Points”), the Reward Member may make a cash out request via the Account. The maximum cash out value for each cash out request will be RM500.
h) Once a cash out request is submitted, the Reward Member shall furnish CashCow with the information and documents reasonably required for CashCow to verify the details of payment.
i) CashCow shall bear the any related costs of the cash out or bank transfers.
j) No monies or monetary entitlement will vest in the Reward Member until the cash is paid to the Reward Member’s designated bank account upon successful cash out.
k) Except when a cash out event mentioned in (g) occurs, Reward Members will have the option of donating the cash equivalent of the accumulated Points without any minimum limit to charitable organizations designated by CashCow here. Upon election by the Reward Members to donate using their accumulated Points, CashCow will, at its sole discretion, effect the cash payouts to the charitable organization(s) once a suitable minimum amount is collected or achieved. For the avoidance of doubt, Advertisers may not choose to donate from their advertising budget as it is strictly for advertising campaigns only. Also, CashCow makes no guarantee that:
i) the donation will entitle Reward Members to a tax exemption;
ii) Reward Members will be provided with the necessary documentation for applying for tax exemption.
l) CashCow shall be entitled to retain or charge a 20% commission (and a further amount for the purposes of GST if applicable), out of the Cash Payout before such Cash Payout is transferred to the Reward Member.
m) CashCow has an automated process of tracking the Points earned by the Reward Members. The calculations and itemization of the Points and Rewards earned will be available to the Reward Member to view in the Reward Members’ Account dashboard.
n) Kindly contact us in the event of any dispute or questions regarding the computation of Points. However, our calculation of Points is final and conclusive.
o) CashCow reserves the right to withhold or reject the Reward Member’s cashout request, pursuant to which CashCow will send a notice to the Reward Member’s Account and email account to inform the Reward Member of the reasons for which the cashout request is being withheld or rejected. Upon receipt of such notice, the Reward Member shall have 7 days to submit any clarifications or justifications, or to remedy the non-compliance. If such clarifications or justifications or act to remedy is not submitted within 7 days, or does not sufficiently explain or remedy the breach, CashCow reserves the right to reject the cashout and forfeit any earned Points attributable to the withheld or rejected cashout request. CashCow’s decision on the cashout is final and CashCow will not be entertaining the Reward Member’s disputes of CashCow’s calculations thereafter.
p) CashCow reserves the right to reject a Reward Member’s request for cash out for, including but not limited to, the reasons below:
i) Inaccuracy or falsehood in provided information;
ii) Circumventing the process of watching and rating the Content;
iii) Use of fake identification documents / NRIC; or
iv) Breaches of this TOU.
q) Subject to this TOU, CashCow may suspend or terminate the Reward Member’s Account, and in doing so the Reward may be forfeited at CashCow’s discretion.
r) Nothing in this TOU creates an obligation on CashCow as an agent, a trustee or any other fiduciary relationship to the Reward Member.
s) CashCow may impose an administration charge in the event that you provide incorrect details and you expressly authorize CashCow to deduct these charges while processing your cash out request.
t) CashCow will not be liable to you for any errors made by you or any third parties in relation to your Reward Member Account or cash out request.
u) CashCow will maintain your bank account details and your Account details in accordance with our Privacy Notice.
v) No interest will be paid on any Points accumulated, and the Points has no monetary value unless successfully cashed out or donated.
w) You shall be responsible for assessing the taxation implications and any liability applicable on cash you receive from CashCow.
9) Content Submission Policy
a) We reserve the right to review all Content submitted to us, at any time and for any reasons whatsoever.
b) We do not guarantee confidentiality with respect to any Content you submit.
c) You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Platform.
d) You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents and permissions to publish the Content you submit.
e) You license to us all relevant intellectual property and proprietary rights in and to such Content for publication on the Platform pursuant to this TOU.
f) You agree to not submit Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, hateful, dangerous, threatening, misleading, contain nudity or sexual content, contain personal data (defined in our Privacy Notice), or Content that be construed as constituting harassment and cyber bullying or that could endanger a person, or Content that we, in our sole and absolute discretion, is deemed not suitable for publishing on the Platform.
g) You further agree that Content you submit to the Platform will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have written permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant CashCow all of the license rights granted herein.
h) We reserve the right to review and remove submitted Content, based on our sole and absolute discretion, without notice to you.
i) We shall not be liable for the removal of submitted Content.
10) Force Majeure
In no event shall we be responsible or liable for any failure or delay in the performance of our obligations under this TOU arising out of or caused by, directly or indirectly, forces beyond our control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, it being understood that the we shall use reasonable best efforts which are consistent with accepted practices in the technology and information technology industry to resume performance as soon as practicable under this TOU.
Any notice required or permitted to be given under this TOU shall be given in the form of an email to:
• [if to be sent to us] to firstname.lastname@example.org;
• [if to be sent to you], to the email address you used when registering for an account on our website.
12) Limitation of Liability
THE PLATFORM, AND THE CONTENT YOU ACCESS FROM WHICH, IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES. UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCURE OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THE PLATFORM, AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, COMMON LAW OR OTHERWISE. WITHOUT PREJUDICE TO THE FOREGOING, OUR LIABILITY SHALL BE CAPPED AT [RM100] OR THE LAST CASHOUT AMOUNT WHICHEVER IS LOWER.
This does not affect our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentations, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
13) Intellectual Property
a) We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Platform (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information made available on or through the Platform. Ownership of Content submitted to the Platform shall remain to the Advertiser that submitted the Content, as further set out below.
b) We grant you, subject to this TOU, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Platform for your own personal and non-commercial use. This license is revocable at any time without notice to you or liability to us. All rights not expressly granted to you are reserved by us.
c) All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.
d) Advertisers retain all of its ownership rights in the Content. However, by submitting Content to the Platform, the Advertiser grant CashCow a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and CashCow's (and its Affiliates') business, including without limitation for promoting part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. The Advertiser also hereby grant Reward Members a non-exclusive license to access your Content through the Platform.
e) The above licenses granted by the Advertiser in Content submitted to the Platform terminate within a commercially reasonable time after the Advertiser remove or delete its Content from the Platform. The Advertiser understand and agree, however, that CashCow may retain, but not display, distribute, or perform, server copies of the Advertiser’s videos that have been removed or deleted.
14) Sponsorship Program
a) Advertisers may be eligible to participate in our Sponsorship Program and become our Sponsored Partner.
b) CashCow reserves the right, in its sole discretion, to select Advertisers that will be a Sponsored Partner, based on factors including, but not limited to, quality of Content and technical skills etc.
c) Sponsored Partners are eligible to receive a sponsorship for a free advertising budget which will be paid to Rewards Members falling within the Target Demographics selected by the Sponsored Partners, to the extent agreed between CashCow and the Sponsored Partners on a case by case basis.
d) CashCow reserves the right to set additional terms for individual Sponsored Partners, including, without limitation, the expiry date and expiry event of the sponsored advertising budget.
e) All relevant terms of the TOU apply equally to Sponsored Partners.
f) For the avoidance of doubt, all unutilized sponsored advertising budget will be forfeited after the communicated expiry date or upon the expiry event.
15) Representations and Warranties
a) Whilst we endeavour to ensure that the Content, information, and materials on the Platform are correct, no representation, warranty or guarantee, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The Content, information, and materials on the Platform and/or the quality of the Service are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied. As such we disclaim all losses, liability, fines, penalties, damages and/or cost suffered by you directly or indirectly caused by the Content.
b) Whilst we endeavour to make the Platform available 24 hours a day, we shall not be liable if for any reason the Platform is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Platform will be uninterrupted, timely or error-free.
c) If the Platform is required to be taken offline for scheduled maintenance or updates, it will be communicated to you on this Website.
You agree to indemnify, defend and hold us and our directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against third-party claims, losses, liability, fines, penalties, damages and/or cost (including, but not limited to, legal fees) arising from your use of this Platform (whether authorized or unauthorized), your dealings with other Users (including other Reward Users and Advertisers), your breach of applicable laws and regulations, your breach of third-party rights, or your breach of the TOU.
17) Termination for Convenience
a) You may terminate your Account with us by giving us 30 days’ written notice via sending an email to email@example.com.
b) Upon termination, any Rewards earned (in the case of Reward Member Account), unused advertising budget or Points shall be forfeited.
18) Mandatory Termination & Suspension
a) We reserve the right to terminate or suspend your Account without notice or cause, in our sole discretion, for any reasons including, but not limited to:
i) Your breach of this TOU;
ii) Failing to log into your Account for a period of more than 90 days;
iii) Your conduct being detrimental to the business interest or reputation of CashCow;
iv) Your breach of any applicable laws; and
v) Your breach of any third-party rights.
b) Upon termination, any Rewards earned (in the case of Reward Member Account), unused advertising budget or Points shall be forfeited.
If any terms in this TOU shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
20) No Waiver
No failure to exercise or any delay in exercising any right of remedy by us under this TOU shall operate as a waiver thereof.
21) No Transfer
You will not transfer any of your rights or obligations under this TOU to anyone else without our consent.
22) Entire Agreement
This TOU shall constitute the entire agreement of the parties and supersede all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the TOU will be effective only if in writing and signed by us.
23) Governing Law and Jurisdiction
This TOU, including both contractual and non-contractual disputes or claims, is governed by, and shall be construed in accordance with the laws of Malaysia.
24) Complaints and Disputes
Prior to commencing any legal action against each other, we shall first attempt to settle a dispute expeditiously and in good faith. Please email us at firstname.lastname@example.org.
Updated March 2018