Thank you for using Venzy Tea.
Venzy Tea offers portable charger sharing services through the App (including IOS and Android operating systems). By downloading, installing, accessing, and/or using the App, you agree to these Terms and acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not download and install the App. If you have already done so, please do not access and/or use the App, and delete the App from all of your devices on which it is installed.
Venzy Tea services aim to facilitate mobile phone charging experiences, enabling users to charge their mobile devices anywhere. The App aims to mobilize existing portable chargers and improve the efficiency of portable charger usage.
Definitions and Interpretation In these Terms, unless the context requires otherwise:
“User Account” has the meaning as set out in Clause 4.0
“App” or “Application” means the Venzy Tea software application provided by the company for you to use and access the App service on your devices.
“App Services” means the Venzy Tea rental services and any related Internet-based services, as may be provided by the Company at the Company’s sole discretion and that may be used or accessible by means of the App.
“Applicable Laws” means any statutes, laws, rules, regulations, codes and ordinances, any judicial or administrative court rulings or judgments, of any country, that are applicable to you, the App or the App Services, the matters raised in these Terms and/or the subject matter of these Terms.
“Changes” means any addition, deletion, modification or alteration to the App or the App Services, the manner in which the App or the App Services are provided, or the performance standards of the App or the App Services, as determined by the Company from time to time.
“Company” means Venzy Tea.
“Devices” means a mobile phone, tablet, laptop, computer, or any other similar devices capable of downloading, installing, accessing, and using the App.
“Intellectual Property Rights” means code, software, patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill, and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“License” has the meaning as set out in Clause 3.0.
“Parties” means you and the Company collectively, and “Party” means either one of them.
“PDPA” means the Malaysian Personal Data Protection Act 2010, including all subsidiary legislation related thereto.
“Personal Data” or “personal data” means data, whether true or not, about an individual who can be identified (i) from that data; or (ii) from that data and other information to which the organization has or is likely to have access.
No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Terms or any part of it; and
Headings are inserted for convenience and do not affect the interpretation of these Terms.
These Terms represent an agreement entered into between you and the Company concerning the use by you of the App and the App Services. By downloading or using the App, or receiving the App Services, you are declaring that you have read, understood and agree to accept and be bound by and comply with these Terms. These Terms may be amended or supplemented from time to time by the Company at its sole discretion, by posting revisions or revised Terms through or on the App. Your continued use of the App and/or App Services following the posting of any changes or modifications to the Terms will constitute your acceptance of such changes, modifications, supplements or of such modified Terms.
2.0 Intellectual Property
2.1 All Intellectual Property Rights in or relating to the App and the App Services including but not limited to trademarks, trade name, logo or other proprietary rights belong solely to the Company and/or its third-party licensors. Without prejudice to the generality of the foregoing, you shall not use in any way and shall not reproduce any trademarks that are associated with the App or App Services or that you have sight of when using the App Services, without the prior written consent of the Company.
2.2 Nothing in these Terms shall be construed as granting you any license or right to use any Intellectual Property Rights in or relating to the App and/or the Services without the prior written consent of the Company. You shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid.
2.3 All content contained in or available through the App and the App Services, including but not limited to information, communications, software, texts, graphics, links and sounds, is owned by the Company, its third-party licensors and/or its content providers. Such content may not be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means, including but not limited to electronic or mechanical photocopying or recording, without the prior written consent of the Company and such other rights holders.
2.4 Unless otherwise expressly permitted by Applicable Laws, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the App. You also agree to not remove, obscure, or alter the Company’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the App.
3.0 License Grant
3.1 In consideration of your undertaking to comply with these Terms, the Company hereby grants to you a limited, non-exclusive, non-transferable, non-sub licensable, non-assignable, terminable and revocable licensee to download, install, access and use the App and/or the App Services provided therein (the “License”), provided that your access and use of the same is strictly in accordance with these Terms. For the avoidance of doubt, the App is licensed, not sold, to you by the Company pursuant and subject to these Terms. The Company reserves all rights not expressly granted to you herein.
3.2 You may not, nor may you permit any other person to:
(a) sub-license, rent, lease or sell the App;
(b) use the App or the App Services to gain unauthorized access to any system, account or data;
(c) directly or indirectly charge others for use or access to the App or the App Services;
(d) in any way represent, suggest, state or indicate that the Company supports or endorses any product, service or content (including any personal web site), whether directly or indirectly;
(e) make the App publicly available or available on any network for copying, download or use by any person or persons;
(f) misrepresent the source or ownership of the App;
(g) attempt to disrupt or interfere with the App including manipulating the legitimate operation of the App;
(h) use cheats, exploits, automation software or any unauthorised third party software designed to modify or interfere with the App;
(i) disrupt or overburden any computer or server used to offer or support the App, or other users’ use of the App; or
(j) develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with the App, except to the extent permitted by Applicable Laws.
4.0 User Account
4.1 Prior to using the App, you are required to set up an account with the Company through the App or such other means as may be offered by the Company from time to time, to access and use the App and/or the App Services (the “Account”). You shall ensure that all information provided to the Company is complete, accurate and up-to-date, and in the event of any change in such information, promptly inform the Company of any such change. If we discover that the Account information you have provided us is/are not true or current, the Company is entitled to immediately terminate the Licence and your access to or use of the App or the App Services.
4.2 You acknowledge and agree that you are responsible for maintaining the confidentiality, safekeeping and security of your Account information, and you shall notify the Company immediately of any unauthorised use of your Account information or if you suspect that your password or Account has been compromised.
4.3 You warrant and represent that you are a least 13 years of age, and have the requisite mental and legal capacity in accordance with the applicable laws to enter into this Agreement. If you are below the age of 18 or lack the requisite capacity, your parent or guardian may in accordance with applicable law, be responsible for your acts or omissions on relation to your use of our services.
4.4 All applications for user accounts are subject to approval at or sole and absolute discretion. The Company reserve the right to reject any application, and if accepted, terminate any user account, and/or to deny access to our services, at our sole and absolute discretion and without assigning or providing any reason.
4.5 Without prejudice to the foregoing, you shall be solely liable and responsible for any activity conducted using your Account information, unless you have notified the Company in writing of the closure, compromise or misuse of your Account and the Company has received such notification. You acknowledge that the Company would not have the means to verify the identity of the party using your account information or of your username and password on the App or the App Services and you agree that the Company will not be responsible, in any way whatsoever, for losses or damages suffered by you or any third party if there is any unauthorized use of your Account information, username or password.
4.6 The Company may at its absolute discretion make Changes from time-to-time (including changes to its standards and procedures relating to the App or the App Services, whether or not it results in an upgrade or a downgrade of the App’s or the App Services’ performance, or a cessation of any service or functionality with the App Services), without notice and without incurring any liability to you whatsoever.
4.7 For the avoidance of doubt, the Company is not obligated to provide the App Services to you or to provide you with access to App, during times of maintenance (whether emergency or scheduled maintenance or otherwise) to any of the computer systems and/or equipment through which the App Services are to be provided.
5.0 Usage of the App
5.1 The App Services are for your personal and non-commercial use only. You agree not to use the App and/or the App Services for commercial purposes. Except for the limited Licence, no right, title, or interest in the App, the App Services and/or any content accessed through the App Services shall be transferred to you.
5.2 In using the App, you acknowledge and agree that:
(a) except as expressly authorized in these Terms, you shall not archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or accessed from or through the App or the App Services;
(b) you shall not circumvent, remove, disable, alter, deactivate, degrade, thwart or otherwise interfere with security or content protection-related features of the App or the App Services;
(c) the content and information available through the App and the App Services may be subject to change from time to time;
(d) the quality of the content and information available through the App and the App Services may vary depending on the Device, and may be affected by a variety of factors, such as your location, the bandwidth available and the speed of your Internet connection;
(e) any material and content contained within or available through the App and/or the App Services shall not be distributed commercially or otherwise used for commercial purposes;
(f) you shall not use the App or any of the App Services, or do anything while using the App or the App Services, in any way or manner that is in breach of any Applicable Laws;
(g) you shall not use any data mining, robots or similar data gathering or extraction methods;
(h) you shall not transmit or link to viruses, worms, defects, Trojan horses, malware or any other items that may introduce security vulnerabilities to or harm user devices, apps or personal data;
(i) you shall not violate or attempt to violate the security of the App including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(j) you shall not transmit any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by law or by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
(k) you shall not share with a third party any of your Account information;
(l) you shall not access data not intended for you or log into a server or account which you are not authorized to access;
(m) you shall not post or submit to the App any incomplete, false or inaccurate information about yourself or information which is not your own;
(n) you shall not solicit passwords or personal data from any other person or entity;
(o) you shall not delete or alter any material posted by any other person or entity;
(p) you shall not use the App for any unlawful purpose or any illegal activity, or post or transmit any content that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by the Company, at its sole and absolute discretion; and
(q) any data that you submit through the App or in using the App Services may be stored by the Company and/or its service providers in Malaysia or outside of Malaysia.
6.0 Limitation of Liability
6.1 You acknowledge and agree that the App, the App Services, and any content contained within or available through the App, are provided on an “as is” basis, and to the maximum extent permitted by Applicable Laws, the Company disclaims all warranties and makes no warranty of any kind, whether express or implied (statutory or otherwise), including but not limited to warranties on the merchantability, sufficiency, quality and fitness for a particular purpose of the App and/or the App Services. The Company further makes no warranty that the App and App Services do not infringe the rights (including Intellectual Property Rights) of any party. You wholly assume all risks in your use of the App and the App Services. Without limiting the generality of the foregoing, the Company does not warrant and excludes all liability in respect of:
(a) the accuracy, completeness, fitness for purpose or legality of any information published by the Company or that are communicated to you relating to the Application and/or the App Services;
(b) the Application and/or App Services in respect of their quality, usability, fitness for purpose or any other aspect thereof; and
(c) any content contained within or made available through the App and/or the App Services.
6.2 The Company disclaims any warranties regarding security, reliability, timeliness, and performance of the App. You further understand and agree that you download and/or use the App at your own discretion and risk and that you will be solely responsible for any loss or damages to your Devices or loss of data that results from the download or use of the App.
6.3 Save as otherwise expressly provided for in these Terms, the Company makes no guarantee, representation or warranty whatsoever that:
(a) the App or the App Services will be error free;
(b) you will be able to use the App or that you will be able to access, use or receive the App Services; and/or
(c) any information provided via the App or the App Services is accurate.
(d) you acknowledge that the use of the App or the App Services presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by you, and you agree and undertake that you shall not hold the Company liable in any way whatsoever for the said loss or damage.
(e) the Company assumes no responsibility for the activities or conduct of other users of the App.
6.4 The Company makes no warranty or representation that the portable chargers provided to you through the App or the App Services are operable or safe for operation, or that they will satisfy any of your expectations on quality or technical specifications. The portable chargers provided to or selected by you are shared from other users or authorized for use by other third parties, and may not be owned by us. You are responsible for checking the portable chargers provided to or selected by you to ensure that you are able to operate the portable chargers and that it is safe for operation. We are not responsible or liable for any loss or damage arising from any defects in the portable chargers provided to or selected by you, or your operation and use of such portable chargers.
6.5 The App or the App Services may contain links to third-party websites or applications. You may also permit these third-party websites or applications to associate with your user account with us and access your user account information. Your use of any third-party websites or applications is strictly at your own risk and subject to such other terms as may be imposed by these third parties. We do not monitor, control or endorse, and are not responsible or liable for such third-party websites and applications and your access and use of such third-party websites and applications.
6.6 To the maximum extent permitted by law, you agree that the Company shall not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any damage caused to your Devices or any loss of profits suffered by you, whether the same is direct or indirect damages. The Company shall also not be liable to you for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the App or the App Services, whether during or after the termination of the Licence. For the purposes of this clause, indirect or consequential loss or damage includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. For the avoidance of doubt, the Company does not exclude its liability for death or personal injury caused from its negligence.
6.7 Where the Company’s liability is not expressly excluded under these Terms or under any Applicable Laws, the Company’s liability to you in contract, tort (including negligence) or otherwise whosoever and whatever the cause thereof, arising by reason of or in connection with these Terms, our cumulative aggregate liability to you in relation to this Agreement and the subject-matter of this Agreement shall not for any reason exceed the lesser of the following:
(a) the aggregate amount you have paid to us in connection with the services offered through the App in the one (1) year period preceding the occurrence of the liability; or
(b) RM1,000 (One Thousand Malaysian Ringgit Only). This limitation applies to all causes of action in the aggregate regardless of the number of actions or claims and including, without limitation, breach of contract, breach of warranty, negligence, misrepresentations, strict liability, and other torts. Notwithstanding anything that may be to the contrary, no action may be brought by you against the Company, under these Terms or related to the App Services or the App, more than one (1) year after the cause of action arose. For the avoidance of doubt, this limitation shall not apply to claims by the Company against you.
6.8 The Company retains absolute discretion in determining whether or not to provide maintenance and support services for the App, and if so, the type of maintenance and support services.
8.0 Use of your Device by the App
8.1 In order for the Company to provide the App to you, the Company may require access to and/or use of your Device – for example, the Company may need to use your Device’s processor and storage to complete the relevant App installation. You agree to give us such access to and use of your Device.
8.2 You may need an adequate Internet connection or operating system in your Device, in order to use the App. You may also be required to activate certain functionalities within the App in the manner described within the App. You may not be able to use certain functionalities within the App if you do not comply with such requirements.
8.3 You should be aware that your network provider may charge you both for access to its connection services and for the duration of your Device’s connection while accessing the App Services and/or using the App. You are solely responsible for these costs and the costs of any other third party associated with your receiving the App Services and/or using the App.
9.1 You agree to indemnify, defend and hold harmless us and our related companies (and our respective management staff, directors, agents and employees) from and against all statutorily penalties, claims, actions, liabilities, losses, expenses, damages, and costs (including court costs and solicitors’ fees on a full indemnity basis) arising out of or related to:
(a) your access, use, or misuse of, the App, any portable chargers which you share through the App, any portable chargers provided to or selected by you, and the services offered through the App;
(c) the content and information directly or indirectly provided by you through the App, including any claims that the content and information infringe or misappropriate any intellectual property or proprietary rights;
(d) any death or bodily injury or damage, loss or destruction of any real or tangible property arising from any portable chargers which you share through the App, your use or misuse of any portable chargers provided to or selected by you, and your use or misuse of the services offered through the App; and
(e) any fines or other penalties imposed by a regulator or court of competent jurisdiction from your use or misuse of any portable chargers provided to or selected by you, and your use or misuse of the services offered through the App.
You may uninstall the App at any time if you desire to stop receiving the App Services or use of the App.
11.0 Alteration to the Services and Termination
11.1 The Company may amend all or part of the App or the App Services including the contents therein at any time. The Company may in our sole and absolute discretion without prior notice at any time and from time to time, temporarily or permanently, in whole or in part, modify, update, upgrade, suspend or discontinue the App or any information, services, contents, products or features offered through the App. If you do not accept the amendments please do NOT access the App or use any of our services; if you have been using our services or have registered an account with us, you are to discontinue your use of our services immediately. If you continue to use our services after notification of the amendments, you will be deemed to have accepted the amendments to the terms and to be bound by the amended terms.
11.2 The Company has the right to, and you acknowledge that the Company can:
(a) withdraw any information, data or content forming a part of the App Services; or
(b) immediately suspend, withdraw or terminate the Licence (including the App Services entirely) and/or terminate these Terms.
11.3 At any time, without liability and without notice to you, for any or no reason whatsoever. You shall not hold the Company liable in any way whatsoever for any of the aforesaid. Without limiting the generality of the foregoing, in the event that your use of the App or the App Services is in breach of these Terms, the Company has the right to instantly terminate your Account and the Licence without notice and take all such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against you.
11.4 Unless otherwise expressly stated, any termination of the agreement under these Terms shall be without prejudice to any other rights or liabilities of either Party accrued prior to and including the date of termination.
11.5 Any termination or suspension of the App Services or the Licence by the Company for whatever reasons shall not entitle you to receive any compensation in respect of the termination.
12.0 Force Majeure
12.1 You understand and acknowledge that the transmission of information through telecommunications channels is unpredictable in nature and depends on, amongst other issues inter alia, (i) third party telecommunications operators, and (ii) the proper maintenance of your Device. The Company gives no guarantee of the continued availability and quality of reception of the App and/or the App Services.
12.2 The App Services may be interrupted, in whole or in part, in a case of force majeure (being events outside the control of either you or the Company) or during periods of maintenance or for any other reason whatsoever. The Company and its related corporations cannot be held liable for any loss or damages caused directly or indirectly by the interruption of all or part of the App Services in the case of force majeure or for any other reason, nor loss of profits, contracts, reputation, nor for any consequential loss of any kind.
13.1 Any notifications that we are required to provide to you in accordance with this Agreement or in connection with your access and use of the App and our services may be provided through any of the following means:
(a) publishing announcements on the App;
(b) site messages, pop-up messages or pushed messages on the App; and
(c) e-mails, text messages, mails sent to the contact details you have provided.
13.2 You consent to us contacting you using auto-dialing or pre-recorded phone calls or messages to the contact numbers provided by you, for the purposes of
(a) providing you with information on your user account;
(b) resolving errors associated with your user account;
(c) resolving any disputes;
(d) processing payments;
(e) conducting surveys and questionnaire; or
(f) managing your relationship with us or to provide services to you.
13.3 Your correspondence and communications (including telephone conversations) with us may be monitored and/or recorded for purposes of archiving, quality control, staff training, or risk management.
14.0 Applicable Law
This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia.
In the event that any term, condition or provision of this Agreement or the application of any such term, condition or provision shall, to any extent, be held by a court of competent jurisdiction to be wholly or partly illegal, invalid, unenforceable or a violation of any applicable law, statute or regulation of any jurisdiction, the same shall be deemed to be deleted from this Agreement and shall be of no force and effect; whereas the remaining terms and provisions of this Agreement shall remain in full force and effect as if such term, condition and provision had not originally been contained in this Agreement.