Querriz

QUERRIZ TERMS OF SERVICE

1. INTRODUCTION

  • These Terms of Use ("Terms") constitute a legal agreement between Querriz Sdn. Bhd. (Registration No.: 202301031609 (1525532-U)) ("Querriz", "we", "us" and/or "our") and you. These Terms govern access to and use of the Querriz website (https://www.querriz.com/), Querriz mobile application, and all other websites, software, platforms, programs, portals and/or applications owned by or used in relation to the "Querriz" business name and brand ("Querriz Platforms"). Throughout these Terms, any reference to "You" shall refer to all visitors, users (including individuals and organisations or entities) and others who access to or use the Querriz Platforms.
  • In the Querriz Platforms, we provide Querriz Services to you, which constitute a messaging service application tailored to facilitate business-related enquiries. Through the Querriz Services, users can submit inquiries pertaining to goods and/or services (collectively, "Products") they seek to procure or obtain (termed as "Users").
  • Users may receive automated responses generated by AI and/or ChatBots, which are intended to provide suitable matches based on Users' inputs and prompts.
  • The Users interaction with computer-powered messages continues until the organisations or entities (termed as "Businesses") claims ownership of their account, at which point they may directly respond to and engage with the Users.
  • The terms contained herein are applicable to both Users and Businesses, unless otherwise expressly specified.
  • Your use of the Querriz Platforms is conditioned upon your acceptance of these Terms without modification. By registering, accessing to and/or using the Querriz Platforms, you are deemed to have read and understood these Terms, and you further agree to be bound by these Terms, including, without limitation additional terms and conditions incorporated by reference in these Terms as may be updated from time to time, applicable to any of our Querriz Services. All such additional terms shall have the same binding effects as these Terms. It is your responsibility to review these Terms periodically for changes.
  • In the event that you do not agree with these Terms, you must immediately discontinue your use of the Querriz Platforms.

2. FUNCTIONALITY

  • Querriz functions by showing Users personalised promotional messages, offers and other sponsored or commercial content to help Users discover content, products that are offered by the Businesses that use or are affiliated with the Querriz Platforms.

    By using our Querriz Services, Users and Businesses agree that we can show promotional messages that we think may be relevant to the Users and/or Businesses.

3. ACCOUNT REGISTRATION

  • Account Registration Requirements:
    • You agree to provide true, accurate, current and complete information to us and to maintain up-to-date information which are true, accurate, current and complete at all times by making additions or deletions to your Account, whenever required.
    • You have not been previously removed by us from the Querriz Platforms.
    • You have not been engaged in any activity that could result in suspension or removal.
    • You have full power and authority to enter into this binding contract and your use of the Querriz Platforms does not and will not violate any agreement, law, rules or regulations.
    • You shall be responsible for all equipment, software and Internet access necessary to use the Querriz Platforms.
    • You shall be responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of the Querriz Platforms.
    • You agree that your failure to provide any information which may be required by us shall constitute a breach to these Terms, which may result in immediate termination of these Terms.
    • Age requirement:
      • you must be eighteen (18) years or older on the date of registration;
      • Querriz Platforms are not intentionally designed for or directed to any individuals under eighteen (18) years of age. By registering an Account, you represent and warrant that you are at least eighteen (18) years of age, and you have the legal right and capacity to enter into and to comply with these Terms; and
      • you further agree that you have given us your consent to allow any of your minor dependents to use the Querriz Platforms. By accepting these Terms, you shall take responsibility for your actions and any charges associated with your use of any of the Querriz Platforms.
    • When you register, access to and/or use an Account on behalf of your organisation or entity:
      • you represent and warrant that you are duly authorised to register for an Account on that organisation's or entity's behalf and you are deemed to have read, understood and agreed to be bound by these Terms for and on behalf of that organisation (in which case, references to "you" and "your" in these Terms, save and except for in this sentence, refer to that organisation or entity);
      • you must provide true, accurate, current, and complete information at all times, including its valid legal business phone number, organisation or entity name, and other information we require;
      • you have to keep your business account profile information updated; and
      • the Company's name must not:
        • be false, misleading, deceptive, or defamatory;
        • parody a third party or include character symbols, excessive punctuation, or trademark designations; or
        • infringe any trademark, violate any right of publicity, or otherwise violate anyone's rights.
    • Please note that:
      • by registering for an Account, you shall be deemed to have satisfied all the requirements set out above;
      • we reserve the right to reclaim account names on behalf of any business or individual that holds legal claim in those names;
      • we may request further information from you for the purposes of identity verification and detection of money laundering, terrorist financing, fraud, or any other financial crimes. The information we request may include certain personal information including, but not limited to, your full name, date of birth, national identification number/passport number, telephone number, address, financial and personal tax information. In providing us with your personal information or any other information that may be required, you confirm that all such information is accurate and correct and you agree to keep us updated of any change in any of the information provided by you to us; and
      • we reserve the right to change your username and password at any time as necessary to maintain normal operation of the Querriz Platforms, to prevent unlawful or improper use of the Querriz Platforms, or to uphold the rights of a third party.
  • Account: You may not impersonate someone else, provide a phone number and / or email address other than your own or one which you have not been authorised to use, create multiple Accounts or transfer your Account to another person (save for transfer of Accounts from one authorised person to another authorised person within an organisation) without our prior written approval and we reserve the right to decline a new registration or to cancel an Account at any time if we deem it fit to do so. By submitting your personal information to register for an Account, you acknowledge that you agree and accept our personal data notice and expressly consent to authorise us to process your personal data for such purposes as set out in our Privacy Policy & Notice (which is available at https://www.querriz.com/privacy.html).
  • Closing of Account: Subject to any other provisions hereinafter contained, we reserve the right to close your Account if you have been found to be using proxy internet protocol addresses (IPs) in order to attempt to hide the use of multiple Accounts and/or in such other circumstances which we may deem fit.
  • Password: Upon registration for an Account, you will be required to set a strong password for your Account. You shall, at all times, be solely liable and responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You shall immediately notify us if there is any unauthorised use of your Account or any breach of security known to you.
  • Valid Phone Number and/or Email Address: A valid phone number and/or email address is required in order for you to register for an Account to enable, amongst others, administrative messages and/or emails to be sent to you. We may, at our absolute discretion, update the particulars or close any Accounts which we determined (at our sole and exclusive discretion) to have been registered with someone's phone number and/or email address or with a temporary phone number and/or email address without giving any notice. We may also require you to validate your Account if we believe that you have been using an invalid phone number and/or email address.

4. USE AND ACCESS RIGHTS

  • We hereby grant you a limited, non-exclusive and non-transferable license to access and use the Querriz Platforms for only as expressly permitted in these Terms.
  • You understand that there are important differences between our Querriz Services and your mobile phone and a fixed-line telephone and SMS Querriz Services. Our Querriz Services do not provide access to emergency Querriz Services or emergency Querriz Services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency Querriz Services providers through a mobile phone, a fixed-line telephone, or other service.
  • You agree and undertake that you shall not use or permit use of the Querriz Platforms for any illegal purpose or in any manner inconsistent with the provisions of these Terms.
  • General Restrictions

    You shall not (and shall not allow any third party to):

    • rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the Querriz Platforms (in particular, the Querriz Services) to a third party;
    • publicly disseminate information regarding the performance of the Querriz Platforms;
    • modify or create a derivative work of the Querriz Platforms or any portion of it;
    • reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs of any part of the Querriz Platforms, except to the extent expressly permitted by applicable laws or with our prior written consent;
    • break or circumvent any security measures, rate limits or usage tracking (such as event tracking) of the Querriz Platforms, or configure the Querriz Platforms (or any component thereof) to avoid sending events or transactions or to otherwise avoid incurring fees;
    • distribute any portion of the Querriz Platforms without our prior written consent;
    • access the Querriz Platforms for the purpose of building a competitive product or service or copying its features or user interface;
    • use the Querriz Platforms for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without our prior written consent; and/or
    • use or permit the Querriz Platforms to be used for any illegal, misleading, harmful or unethical purpose, or any manner inconsistent with these Terms;

5. OWNERSHIP

  • Our Intellectual Property
    • Any and all copyrights, moral rights, trademarks, service marks, trade names, trade secrets, patents, publicity rights, privacy rights and other intellectual and proprietary rights as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide associated with the Querriz Platforms (collectively, "Intellectual Property") are owned by us or, where applicable, third-party proprietors identified on the Querriz Platforms. No right or license is granted directly or indirectly to you to use or reproduce any Intellectual Property and you shall not claim any right, title or interest therein.
    • By accessing to the Querriz Platforms, you agree to comply with all applicable laws, including but not limited to, copyright, trade secret and trademark laws, as well as other state, national and international laws and regulations which protect our Intellectual Property.
    • You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of our Intellectual Property. You also may not, without our prior written consent, mirror or frame any part of our Intellectual Property on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy any of our Intellectual Property, without our prior written consent.
    • You will not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Querriz Platforms.
    • Any violation by you of any of the provisions contained under Our Intellectual Property may result in the immediate termination of your right to use of the Querriz Platforms, as well as potential liability for intellectual property, copyright or other proprietary right infringement or any other claims depending on the circumstances.
  • Your Content
    • The Querriz Platforms may enable you to submit, post, upload, transmit, display or other make available (collectively, "Post") content including but not limited to images, pictures, data, text, music, sound, photographs, graphics, illustrations, video, audio, enquiries, questions, inputs, prompts, private messages, public messages, promoting messages, ideas, product feedback, comments, reviews, code, or any other content and/or materials (collectively, "User Material") that may or may not be viewable by other users.
    • For the avoidance of doubt, User Material does not include any document, such as a contract, disclosure or notice that you deposit into the Querriz Platforms for the purpose of execution by way of digital signatures or electronic signatures.
    • We do not claim any permanent ownership of any intellectual property rights that you may hold in the User Material. You retain the copyright and any other rights that you already hold in the User Material which you may submit, post, upload or display on or through the Querriz Platforms. However, unless we indicate otherwise, you grant us a non-exclusive, royalty-free and fully sub-licensable right to access, view, use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, reformat, distribute, copy and display such User Material throughout the world in any form, media or technology now known or hereafter developed.
    • You also permit any other user to view, copy, access, store or reproduce User Material for that user's personal use. You grant us the right to use your name and other information about you that you submit in connection with User Material.
    • When you Post the User Material on the Querriz Platforms, you represent and warrant that:
      • you own or otherwise control all of the rights to the User Material that you Post; and
      • the User Material is truthful and accurate.
    • We may review the published User Material upon requests or at our own discretion to determine whether they violate any of our policies or the applicable laws. We may change, modify or remove any of the User Material without prior notice to you. Notwithstanding anything to the contrary, you acknowledge and agree that we have no obligation to monitor any published User Material or information appearing on the Querriz Platforms. We are not responsible or liable for the accuracy, completeness, appropriateness, or legality of any User Material you may be able to access using the Querriz Platforms.
    • You agree to fully defend and indemnify us from and against any claim, lawsuit, or other proceeding, loss, cost, liability, or expense we may incur to the extent arising from the User Material that you Post through the Querriz Platforms.
  • AI Generative Responses
    • All AI or ChatBot generated responses are based exclusively from publicly available information, which may include aggregated data. Querriz does not, under any circumstances, have the capability to access or retrieve any data that is confined within the internal boundaries or systems of Businesses. These responses are intended solely for informational purposes only and should not be construed as representing any Business, person, organisation and /or entity.
    • Querriz assumes no responsibility or liability for the accuracy, completeness, or reliability of these responses. Querriz further accepts or assumes no responsibility or liability for any actions you may take as a result of relying on these responses.
    • Querriz also assumes no responsibility or liability for any actual or potential claim, lawsuit, or other proceeding, loss (actual and consequential, direct or indirect, including loss of business), cost, liability, or expense relating as a result of any AI or ChatBot generated responses provided via the Querriz Platforms to the Users.
    • Due to the nature of Querriz Services, the responses may not always be unique and /or personalised across Users. Querriz Services may generate the same or similar responses for any of the Users. You may receive the same, similar or different responses to similar enquiries.
  • Other Content
    • We give you access to content generated and returned by the Querriz Services based on your inputs and prompts, as well as content that belongs to other people or businesses. For example, a store owner's description of their own business, or review of a business by an individual (collectively, "Other Content").
    • You acknowledge and agree that Other Content, whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Other Content originated. You may not use this Other Content without that person or organization's permission, or as otherwise allowed by law.
    • We do not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements of you expressed, displayed on or transmitted via the Querriz Platforms. Any information or material placed on the Querriz Platforms by you reflect the views, and are the responsibility of, those who post such information or material, and do not necessarily represent our views.
    • All the Other Content on the Querriz Platforms are for your general information purposes only and are no substitute for independent research and/or verification. None of the Other Content is intended to constitute professional advice or recommendation for you to make any kind of decision. When you use or access to any of the Other Content, you shall agree to bear all risks arising thereof whereby you shall be solely liable for any losses or damages suffered by any person as a result of your use or access to the Other Content.

6. USAGE RESTRICTIONS

  • By registering, accessing to and/or using the Querriz Platforms either as a User or as a Business, you accept our Privacy Policy & Notice (which is available at https://www.querriz.com/privacy.html) and you specifically agree not to engage in any activity or transmit any information that:
    • violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any Intellectual Property Rights, rights of publicity or privacy, or any other rights of ours or of any other person;
    • advocates illegal activity or discusses illegal activities with the intent to commit them;
    • violates any third-party right, including but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret or any other intellectual property or proprietary rights;
    • is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libellous, hate speech, violent or inciting violence, inflammatory, ethnically or racially offensive, invasive of privacy or publicity rights, or otherwise in our sole judgment objectionable;
    • interferes with any other party's use and enjoyment of the Querriz Platforms;
    • attempts to impersonate another person, organisation or entity;
    • violates these Terms, including but not limited to, registering, accessing to and/or using the Querriz Platforms for spam, scam, surveys, contests, pyramid schemes or other advertising materials;
    • send, distribute, post or result in the transmission of spam, unsolicited electronic communications, chain letters, pyramid schemes, junk e-mail, duplicative or unsolicited messages, illegal or impermissible communications, or so-called "spamming", "scamming" and "phishing";
    • misrepresents or conceals your affiliation with another person, organisation or entity, perpetrate fraud, or publish falsehoods or misleading statements;
    • misinform, misrepresent or mislead that the provenance of AI and/or ChatBot generated content by claiming content was created by a human, or represent generated content as original works, in order to deceive;
    • accesses to or uses the account of another user without the relevant user's permission or consent;
    • affect us adversely or reflect negatively on us, the Querriz Platforms, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the Querriz Platforms, or from advertising, linking or becoming a supplier to us in connection with the Querriz Platforms and/or Querriz Services;
    • transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
    • distributes any viruses or other data, code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or electronic communications equipment;
    • interferes with, disrupts, disables, overburdens or destroys the functionality or use of any features of the Querriz Platforms, or the servers or networks connected to the Querriz Platforms and/or Querriz Services;
    • use any proxy internet protocol addresses (IPs) in order to attempt to hide the use of multiple accounts, disrupt any of our Querriz Services or to avoid being detected;
    • hacks or accesses without permission our proprietary or confidential records, those of another use or those of anyone else;
    • improperly solicits personal or sensitive information from other users;
    • decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Querriz Platforms;
    • removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Querriz Platforms;
    • uses automated or manual means to violate the restrictions in any robot exclusion headers on the Querriz Platforms, if any, or bypasses, ignore or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as "screen scraping", "database scraping" or any other activity with the purpose of obtaining lists or users or other information;
    • modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers otherwise commercialises any material or content on the Querriz Platforms;
    • uses the Querriz Platforms for benchmarking, or to compile information for a product or service;
    • attempts to do any of the foregoing;
    • collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or your use of the Querriz Platforms, unless you have obtained the express, prior permission of such other person to do so;
    • circumvent or manipulate our fee structure, the billing process, or fees owed to us;
    • post or provide false, inaccurate, misleading, incomplete, defamatory or libellous User Material or Other Content;
    • take any action that may undermine any messaging, reviews, ratings, profile information, inbox and multilingual system that we may use;
    • transfer your account and user identification to another party without our consent;
    • copy, modify, or distribute User Material or Other Content from the Querriz Platforms or any of our Intellectual Property Rights, including but not limited to copyright and trademarks;
    • forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any User Material or Other Content transmitted through the Querriz Platforms;
    • upload, post, email, transmit or otherwise make available any User Material or Other Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
    • for organisations or entities, to use our Querriz Services for personal, family, or household purposes;
    • expose us or others to any type of harm or liability; and
    • use our Querriz Services to develop machine learning models or related technology.
  • In addition, you shall not, and shall not permit others to, do the following with respect to the Querriz Services:
    • use the Querriz Services or allow access to them in a manner that circumvents contractual usage restrictions or that exceeds authorised use or usage metrics set forth in these Terms;
    • license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any portion of the Querriz Services or our then-current technical and functional documentation for the Querriz Services ("Documentation") available for access by third parties except as otherwise expressly provided in these Terms; or
    • access to or use the Querriz Services or Documentation for the purpose of:
      • developing or operating products or Querriz Services intended to be offered to third parties in competition with the Querriz Platforms and/or Querriz Services; or
      • allowing access to your account on the Querriz Platforms by our competitor.
  • You shall not frame the Querriz Platforms, place pop-up windows over its pages, or otherwise affect the display of its pages. You may link to the Querriz Platforms, provided that you acknowledge and agree that you will not link the Querriz Platforms to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent or any unlawful topic, name, material or information or that violates any intellectual property, proprietary, privacy or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Querriz Platforms effective immediately.
  • You acknowledge that we have no obligation to monitor your or anyone else's access to or use of the Querriz Platforms for violations of these Terms, or to review or edit any User Material or Other Content. However, we reserve the right to do so for the purpose of operating and improving the Querriz Platforms (including without limitation for fraud prevention, risk assessment, investigation and customer support process, analytics and advertising), to ensure your compliance with these Terms and to comply with applicable law or the order or requirement of a court or governmental authority.
  • While we prohibit all the aforesaid conducts and User Material or Other Content on the Querriz Platforms, you understand and agree that we cannot be responsible for the User Material or Other Content posted on the Querriz Platforms and you nonetheless may be exposed to such materials and that you use the Querriz Platforms at your own discretion.
  • We do not manually screen or control User Material or Other Content before it is displayed on the Querriz Platforms so occasionally users may inadvertently or deliberately submit and display User Material or Other Content that breaches any of these Terms. This means that you, and not us, are entirely responsible for all User Material or Other Content that you upload, post, email, transmit or otherwise make available via the Querriz Platforms.
  • You may be exposed to User Material or Other Content that is offensive, indecent or objectionable. Under no circumstances, we will be liable in any way for any User Material or Other Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any User Material or Other Content posted, emailed, transmitted or otherwise made available via the Querriz Platforms.
  • You agree to adhere to our guidelines as set in these Terms and if you fail to do so, we reserve our right to suspend or terminate your account. We also reserve our rights to introduce, change or amend our guidelines from time to time.

7. YOUR DATA, AGGREGATE/ ANONYMOUS DATA AND FEEDBACK

  • Your Data. You retain all of the rights, titles and interests (including any intellectual property rights) in and to the User Material and documents that you upload onto the Querriz Platforms (excluding any of our intellectual property). You hereby grant us a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify and create derivative works of your data to the extent necessary to provide the Querriz Services or as otherwise permitted in these Terms. You expressly authorise us to use and process your data (including any confidential information contained therein) as described in these Terms and in our Privacy Policy & Notice (which is available at https://www.querriz.com/privacy.html), which provides for, including without limitation, delivering and sharing of content and documents with third parties (e.g. individuals/legal entities) that you invite to view, approve or sign such contents and documents. These licenses and permissions shall extend to our affiliates and trusted third parties that we work with.
  • Aggregate/Anonymous Data. You agree that we shall have the right to generate aggregate or anonymous data and that aggregate or anonymous data is owned by us, which we may use for any business purpose during or after the term of these Terms (including without limitation to develop and improve the Querriz Platforms and to create and distribute reports and other materials). For clarity, we will only disclose aggregate or anonymous data externally in a de-identified (anonymous) form that does not identify you or other users, and that is stripped of all persistent or personal identifiers. You are not responsible and shall not interfere with our use of aggregate or anonymous data.
  • Feedback. If you elect to provide any suggestions, comments, improvements, information, ideas or other feedback or related materials to us (collectively, "Feedback"). You hereby grant us a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute and exploit any Feedback in any format and in any manner without any obligation, payment or restriction based on intellectual property rights or otherwise. Nothing in these Terms limits our right to independently use, develop, evaluate or market any products or Querriz Services, whether incorporating the Feedback or otherwise.

8. DATA PRIVACY

  • Privacy Policy & Notice

    When you register, access to and/or use the Querriz Platforms, you acknowledge and agree that we will collect, store and process certain information as described in Privacy Policy & Notice (which is available at https://www.querriz.com/privacy.html). You agree and acknowledge that our Privacy Policy & Notice is incorporated into these Terms by reference. Please carefully read our Privacy Policy & Notice as it contains important details about our collection, processing and retention of your personal information.

  • Your Data Limitations
    • These Terms shall constitute your instructions to us to process your data. We will only process, access, use, store and transfer any of your data in order to deliver the Querriz Services and to fulfil our obligations under these Terms.
    • We will inform you of any legal requirement which prevents us from complying with your instructions, unless prohibited from doing so by applicable laws or on important grounds of public interest. Our personnel who have access to the Customer Data will be bound by appropriate confidentiality obligations.

  • Messaging and Enquiring Querriz Services

    The Querriz Platforms allow you to send messages and/or enquiries to one another individually or within a group. However, the use of communicating with businesses individually is not "private" in the sense that it is a message seen only by the sender and receiver. While the message and/or enquiry is private from the rest of the users, you acknowledge and confirm that your communications may be read, intercepted or disclosed by us to comply with our obligations, compliance requirements and disclosure requirements under the applicable laws. Notwithstanding that, you hereby give your consent to us to share the messages and/or enquiries for marketing, advertising and promotion purposes.

9. FEES AND PAYMENT

  • Unless you sign up for any Querriz Packages or expressly stated otherwise, we don't charge you to use our Querriz Platform or the other products and Querriz Services covered by these Terms.

10. REPRESENTATIONS AND WARRANTIES

  • You represent and warrant to and for our benefit that:
    • if you are an individual, you are eighteen (18) years of age or older and that you have the capacity to contract under applicable laws;
    • if you are registering, accessing to and/or using the Querriz Platforms on behalf of a organisation or entity:
      • such organisation or entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; and
      • you, and any individuals utilising the Querriz Services on behalf of the organisation or entity are duly authorised by such organisation or entity to act on its behalf;
    • you are not prohibited or restricted from registering, accessing to and/or using the Querriz Platforms for any reason whatsoever;
    • you have the full capacity, power and authority to execute, deliver, perform and observe these Terms;
    • you will not falsify or materially omit any information or provide misleading or inaccurate information requested by us in the course of, directly or indirectly relating to, or arising from your activities on the Querriz Platforms or use of any of the Querriz Services;
    • your register, access to and/or use of the Querriz Platforms are on your own initiative and you are responsible for compliance with the applicable laws and regulations;
    • you will not use the Querriz Platforms for the purpose of concealing or disguising the origin or nature of proceeds of crime or terrorist financing, or to further, any breach of applicable anti-money laundering laws or counter-terrorism financing laws, or to deal with any unlawful assets, property, funds or proceeds;
    • you shall employ reasonable anti-virus, anti-malware and other software and techniques to protect you and your Account from being the victim of a hack or of other malicious actions; and
    • these Terms will when executed constitute legally valid and binding obligations on you which are enforceable in accordance with their respective terms.
  • Our rights and remedies in respect of any breach of the representations and warranties contained in this Clause 10 by you shall not be affected by:
    • any failure to exercise or delay in exercising any right or remedy or by any other event or matter whatsoever, except in the case of a specific and duly authorised written waiver or release; or
    • any information we may have received or been given or have actual implied or constructive notice of prior to the breach,
    and it shall not be a defence to any claim that we knew or ought to have known that any matters represented or warranted by you were not as represented or warranted.

11. DISCLAIMERS

  • You understand and agree that the Querriz Services (including any Querriz Packages purchased) and the Querriz Platforms are provided to you is on an "AS IS" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Querriz disclaims any and all other representations, warranties or undertakings, express or implied, including without limitation any implied warranties of quality, performance, merchantability, fitness for a particular purpose or non-infringement.

    Querriz gives no warranty or representation that the Querriz Services (including any Querriz Packages purchased), the Querriz Platforms or the functions contained herein will be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free, or free from any viruses or any other harmful codes, instructions, programs or components.

    You specifically acknowledge that Querriz is not liable for your defamatory, offensive or illegal conduct, or such conduct by third parties, and you expressly assume all risks and responsibility for damages and losses arising from such conduct.

    While we endeavour to ensure that the Querriz Services (including any Querriz Packages purchased) and the Querriz Platforms are secured, you acknowledge that the entire risk arising out of the access, data-loss or loss of data and use or performance of the Querriz Platforms and/or Querriz Services (including any Querriz Packages purchased) shall remain with you to the fullest extent allowed by applicable law. Querriz shall not be responsible for any data loss suffered by any Users or Businesses.

    User Material or Other Content on the Querriz Platforms are posted by many different third parties, therefore content on the Querriz Platforms do not represent the views, positions or policies of Querriz unless expressly stated otherwise. We are not responsible or liable to you or others for information, content, Products or services provided by any third parties.

    Querriz shall bear no responsibility in relation to any transaction on the Querriz Platforms between Users and Businesses, whether relating to provision or sale of Products or otherwise. Any returns, refunds or subsequent dealings from relating to such provision or sale of Products shall be exclusively dealt with between the Users and Businesses.

    Without limiting the generality of the foregoing, it is expressly acknowledged and agreed that the Querriz Platforms utilise other third-party software, programs, add-ons, widgets and/or any such other applications ("Third Party Applications"), and Querriz shall not be responsible in any way whatsoever for any acts or omissions caused or performed by such Third Party Applications.

12. INDEMNIFICATION

  • Without prejudice to any other right or remedy which we may have against you, you undertake to indemnify, keep indemnified and hold us (including our affiliates, partners, directors, managers, officers, agents, shareholders, employees, and applicable third parties ) harmless from any and all actions, claims, demands, proceedings, investigations, liabilities or judgments and any and all losses, damages, costs, charges and expenses (on a full indemnity basis including all attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) of whatever nature which refer or relate to or arise, directly or indirectly, in connection with or arising out of:

    • your breach of any of the terms and/or conditions specified under these Terms;
    • your wilful, unlawful or negligent act or omission;
    • your violation of any law, rule or regulation, or the rights of any third party;
    • your breach of any of the representations and warranties given by you under these Terms; or
    • your conduct had caused damage or loss, directly or indirectly to us.

13. LIMITATION OF LIABILITY

  • Without prejudice and notwithstanding the generality of Clause 11, 12 and 13, in no event shall we be liable to you or any other person, organisation or entity whether under contract, tort (negligence), strict liability or any other legal or equitable theory in respect of any matter under these Terms for any amounts in excess of RM500.00.
  • If you have a dispute with one (1) or more users of the Querriz Platforms, you agree that neither we nor our business partners, affiliates, sponsors, service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.

14. QUERRIZ PLATFORMS AVAILABILITY AND ACCURACY

  • Access and Availability

    • You hereby acknowledge that access to the Querriz Services (including any Querriz Packages purchased) may become degraded or unavailable during times of significant volatility or volume.
    • Although we strive to provide you with excellent service, we do not guarantee that the Querriz Services (including any Querriz Packages purchased) and Querriz Platforms will be available at all times without interruption. Please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.
    • We shall not be liable for any losses whatsoever resulting from or arising out of any unavailability or delays on the Querriz Services (including any Querriz Packages purchased) and/or Querriz Platforms.

  • Accuracy

    • Although we intend to provide accurate and timely information on the Querriz Platforms, the Querriz Platforms may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.
    • In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable laws, be changed or updated from time to time without notice to you, including without limitation information regarding our policies, products and Querriz Services (including the Querriz Packages). Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Querriz Platforms are your sole responsibility and we shall have no liability for such decisions.
    • Links to third party materials (including without limitation any website) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect whatsoever of the content contained in any such third party materials accessible or linked to from the Querriz Platforms.
    • You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretends or in a manner that infringes the rights of any person.

15. SECURITY

  • Security and Access Policies

    • The Internet is not a secure medium. We will use commercially reasonable efforts consistent with industry standards to the extent practicable and in accordance with applicable laws to protect the security of the Querriz Platforms and other systems utilised to provide the Querriz Services, including but not limited to using up-to-date anti-virus, security and firewall technology commonly used in the industry. You agree that you shall not take any actions that negatively affect the confidentiality, integrity and availability of our systems and information assets.
    • We may hold information in either electronic or hard copy form or retain third parties to hold that information on our behalf.
    • All our employees and data processors, who have access to, and are associated with the processing of your information, are obliged to respect the confidentiality of your information.
    • Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be hundred percent (100%) secure. While we take commercially practical steps to protect your information, we cannot and do not accept responsibility for any authorised access, unlawful interceptions or loss of information transmitted to or from the Querriz Platforms, and are not responsible for the actions of any third parties that may receive such information.
    • If you become aware that Harmful Code (as defined herein) has infected the Querriz Platforms, then you shall notify us as soon as reasonably practicable, so that we may mitigate any potential adverse effects and undertake any further steps that may be applicable or required by applicable laws. For the purpose of this clause, "Harmful Code" means computer instructions whose primary purpose or effect is to disrupt, damage or interfere with use of any computer or telecommunications facilities, including, without limitation, any automatic restraint, time-bomb, trap-door, virus, worm, Trojan horse or other harmful code or instrumentality that will cause a system to cease to operate or to fail to conform to its specifications. We will take commercially reasonable precautions to avoid, prevent, stop, find and eliminate the spread of any Harmful Code on the Querriz Platforms.

  • Password Security

    • In order to access to the Querriz Platforms, you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access to the Querriz Platforms safe and maintaining adequate security and control of any and all security details that you use to access to the Querriz Platforms. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected.
    • Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Account by third parties and the loss or theft of any associated accounts. Hence, you must keep your security details safe at all times.
    • You should never allow remote access or share your electronic devices screen with someone else when you are logged on to your Account. We will never under any circumstances ask you for your username, passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your electronic devices or Account. You should never share your details to any third party.
    • We assume no responsibility for any loss that you may sustain due to compromise of your Account login credentials due to your own fault and/or failure to follow the requirements set out in this Clause 15 or follow or act on any notices or alerts that we may send to you.

  • Security Breach

    • You are solely responsible to your account whereby any act undertaken by means of your account will be deemed an act undertaken by you.
    • Organisations or entities are required to implement and follow generally recognized industry standards and best practices for data and information security to protect your data, network, and systems from unauthorized access, use, or copying.
    • We reserve the right to disable your account or take any other action that we in its sole discretion deems necessary or appropriate in the event that we have reason to believe that your use of the Querriz Platforms has violated these Terms.
    • If you suspect that your Account or any of your security details have been compromised or if you become aware of any other security incident (including a cyber-security attack) affecting you and/or us (together, a "Security Breach"), you must:
      • notify us as soon as possible;
      • continue to provide accurate and up-to-date information throughout the duration of the Security Breach; and
      • you must take any steps that we reasonably require to reduce, manage or report any Security Breach.
    • Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

  • Safety and Security of Your Computer and Devices

    • You must take your own precautions to ensure that the process that you employ for accessing to the Querriz Platforms and our service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
    • We are not liable for any damage or interruption caused by any computer viruses or other malicious code that may affect your computer or other electronic device, or any phishing, spoofing or other attack that arises in connection with your use of the Querriz Platforms or any linked website. We advise the regular use of a reputable and readily available virus screening and prevention software.
    • You should also be aware that short message service (SMS) and email Querriz Services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.

16. SUSPENSION, TERM AND TERMINATION

  • Suspension

    • We may suspend your use of the Querriz Platforms, disable, suspend or terminate your Account if we believe, on a reasonable and good faith basis, that you have violated any provision of these Terms.
    • We will use commercially reasonable efforts to notify you prior to any such disablement, suspension or termination unless we reasonably believe that:
      • it is prohibited from doing so under applicable law or under legal process, such as court or government administrative agency processes, orders, mandates and the like; or
      • it is necessary to delay notice in order to prevent imminent harm to us, the Querriz Platforms or a third party.

  • Term

    • The period of effectiveness of these Terms ("Term"), with respect to the Querriz Platforms, begins on the date of which you agree to these Terms and shall continue to be full force and effect until its use of the Querriz Platforms ceases, including as a result of termination in accordance with this Clause 16.

  • Termination

    • You may terminate your use of the Querriz Platforms at any time by ceasing any further use of the Querriz Platforms. We may limit, throttle, suspend and/or terminate your use of the Querriz Platforms and deny your register, access to and/or use of the Account in our sole discretion, at any time, for any reason whatsoever, including but not limited to your violation of these Terms, effective immediately, without giving any prior notice to you.

  • Termination by You

    • You may terminate your Account at any time. If you wish to do so, you shall be obligated provide such notice by contacting us using the contact details provided under How to Contact Us.

      By choosing to terminate your account, all associated data, information, and access privileges may be permanently removed and/or deleted. We strongly recommend that you carefully consider this step before proceeding.

  • Termination by Us

    • You will be in default of these Terms if:
      • you breach any provision of these Terms or violates any published policy applicable to the Querriz Platforms; or
      • in our sole discretion, we believe that continued use of the Querriz Platforms by you creates legal risk for us or presents a threat to the security of the Querriz Platforms or our users.
    • If you are in default, we reserve the right, without notice, to take one or more of the following actions:
      • suspend, whether temporarily or permanently, your right to access the Querriz Platforms at our sole discretion;
      • terminate your Account;
      • issue you with a written warning if you have violated these Terms prior to suspension or termination of your account. If you do not remedy your default within the notice period as in the written warning, these Terms shall terminate with immediate effect on the expiry of such notice period;
      • charge reactivation fees may be incurred in order to reactivate its Account;
      • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      • take further legal action against you as may be appropriate;
      • disclose such information to any law enforcement authorities requires us to do so; and/or
      • pursue any other remedy available to us.

  • Termination for Inactivity

    We may terminate your account with ninety (90) days' prior written notice if such account has not logged into any of the Querriz Platforms for a consecutive period of two (2) years,

  • Effect of Termination

    • Upon termination, all licenses and use rights granted to you with respect to the Querriz Platforms and Intellectual Property shall immediately terminate on the date of termination of these Terms. Our obligations to you under these Terms shall immediately terminate on the date of termination of these Terms.
    • But termination does not immediately relieve you of any and all obligations incurred by you under these Terms. In the event that these Terms terminate for any reason whatsoever, the following shall be applicable:
      • any and all of your liabilities to us, including but not limited to any fees or fines, or other financial obligations incurred by you or through your use of the Querriz Platforms, that have accrued before the effective date of the termination shall survive even after the termination;
      • all provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability;
      • we reserve the right (but have no obligation) to dispose and delete any data stored on the Querriz Platforms without further reference to you;
      • we will not be liable to you for compensation, reimbursement, or damages related to your use of the Querriz Platforms, or any termination or suspension of the Querriz Platforms or deletion of your information; and
      • any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of these Terms which shall have occurred prior to such termination shall not be affected or prejudiced.
    • In the event that we terminate your account, you will not create another account without our express written permission.

17. CONFIDENTIALITY

  • You are responsible for maintaining the confidentiality of your account credentials.
  • You shall not, whether directly or indirectly, use or disclose to any third party, or allow to be used or disclosed any confidential information concerning us or our users, save and except where the use or disclosure is required by law or any governmental authority or with our prior written approval to the use or disclosure.
  • Prior to use or disclosure of any confidential information as required by law or any governmental authority, you shall promptly notify us or the relevant users (as the case may be) of such requirement with a view to providing us or the relevant users (as the case may be) with the opportunity to contest such use or disclosure or otherwise to agree the timing and content of such use or disclosure.
  • The provision of this Clause 17 shall continue to apply after the termination of these Terms without limit in point of time.

18. THIRD-PARTY QUERRIZ SERVICES

  • The Querriz Platforms may contain third-party content and may provide links to third-party websites ("Linked Sites") that are not affiliated with us, being a service to those interested in such information. Unless expressly stated, we are not responsible and do not control, endorse or adopt any Linked Sites and make no representation or warranties of any kind regarding the Linked Sites, including without limitation regarding its accuracy or completeness. You are responsible for evaluating whether you want to access or use them. You shall evaluate the Linked Sites on your own and assume all risks.
  • If you connect to the Linked Sites through the Querriz Platforms and have any transaction with such third party, you shall conduct an investigation that you deem necessary or appropriate. Such transaction is between you and such third party, and has nothing to do with us. You acknowledge and agree that we are not responsible or liable in any manner for any harm or damages related to the purchase or use of goods, Querriz Services, resources, content, or any other transactions made in connection with any of the Linked Sites.
  • We may allow you to access, use, or interact with websites, apps, content, and other products and Querriz Services that are not provided by us. For example, organisations or entities may choose to use third-party data backup Querriz Services (such as iCloud or Google Drive). Please note that when you use these other Querriz Services, their own terms and privacy policies will govern your use of those Querriz Services. We will not be responsible or liable for your use of those Querriz Services, the third-party's terms, or any actions you take under the third-party's terms.
  • We do not warrant and will not have any liability or responsibility for any of the contents in the Linked Sites. We undertake no responsibility to update or review any Linked Sites, therefore you shall carefully review the Linked Sites' policies and practices and make sure that you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding the Linked Sites should be directed to the third party.
  • We may use a third-party credit card merchant to receive your payment. Such third party will check and process your payment details. There are strict obligations that govern credit card merchants' handling of personal data. However, we cannot be held responsible for actions by such third party. We accept no liability for any losses and/or damages that you may suffer as a result of such third party's acts and/or omissions. You are advised to print and retain a copy of each monetary transaction for future reference.
  • We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or Querriz Services that you visit.

19. GENERAL

  • Entire Agreement

    These Terms and any revision of the same contain the entire understanding between you and us and supersede any other understandings, inducements or conditions, express or implied, oral or written.

  • Waiver

    Our delay or failure to enforce, at any time, any provision of any of these Terms shall not be construed as a waiver of our right to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provision in these Terms. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

  • Binding Terms

    These Terms and any revision to the same shall be binding upon you.

  • Changes to these Terms

    • We may, from time to time, modify, update or amend these Terms to reflect changes in law, our group of companies, the Querriz Platforms or advances in technology, without giving any notice to you. You have acknowledged and agreed that you shall be deemed to have noticed of and agreed to the updated Terms.
    • We will post the updated Terms on the Querriz Platforms which shall be effective immediately upon being posted on the Querriz Platforms. You shall be responsible for reviewing and becoming familiar with any such changes.
    • If the alterations constitute a material change to these Terms, we will notify you by posting a notification on the Querriz Platforms or through other reasonable means. Your register, access to and/ or use of the Querriz Platforms following such notification constitutes your acceptance of the terms as changed. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
    • If you do not accept a change to these Terms, you shall cease to use our Querriz Platforms and close your account immediately.

  • Interpretation

    In these Terms:

    • words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
    • the headings and titles for each clause are purely for ease of reference and do not form part of or affect the interpretation of these Terms; and
    • references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".

  • Severability

    If any provision of these Terms is or may become invalid or unenforceable under any written laws, or is found by any court or administrative body or competent jurisdiction to be, illegal or prohibited, such provision shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability. The remaining provisions of this Terms shall remain in full force and effect.

  • No Partnership/Agency

    Nothing in these Terms shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

  • No Other Terms

    Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

  • Force Majeure

    We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, pandemic, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

  • Notices

    All notices, waivers, authorisations, approvals, consents, demands or other communications under these Terms must be in writing and in English and sent by using the contact details provided under How to Contact Us. They may be given, and will be deemed received:

    • if by way of registered post, at the time of posting;
    • if delivered by hand, at the time of delivery; or
    • if sent by email, at the time of sending of the email.

  • Third-Party Rights

    All provisions in these Terms apply equally to and are for our and our third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no provision of these Terms is otherwise enforceable pursuant to the relevant local governing laws by any person who is not a party to it.

  • Remedies Not Exclusive

    Any remedy or right conferred upon us for breach of any of the provisions of these Terms shall be in addition to and without prejudice to all other rights and remedies available to it.

  • Assignment

    You may not assign your rights or obligations under these Terms without our prior written consent. If consent is given, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, duties or obligations under these Terms except as expressly provided in these Terms is void. Notwithstanding the foregoing, we may freely assign our rights, duties and obligations under these Terms to any other party.

  • Governing Law and Jurisdiction

    These terms shall be governed by, and construed in accordance with, the laws of Malaysia and the parties hereto hereby submit to the exclusive jurisdiction of the Courts of Malaysia.

  • How to Contact Us

    If you have any questions regarding this policy, please contact the following:-

    • To / Attention: User and Business Support
    • Email: hello@querriz.com
    • Telephone No.: +6011-3690 6198

Effective Date: 15th August 2023