Terms Of Use

1. Application

  1. These Terms of Use apply to any person who browses, visits, accesses and/or uses the features in https://www.heretix360.com provided by Heretix360 Sdn. Bhd. (Heretix360), and any subdomain thereof (“Site”). These Terms of Use, the Privacy Policy and other guidelines and policies in respect of the Site (collectively referred to as “Agreement”) constitute a legally binding agreement between Heretix360 and the User.
  2. By accessing, using or continuing to access or use the Site, you (“User”) signify that you have read, understood and agreed to be bound by the Agreement, regardless of whether you are a registered user of the Site.
  3. You agree to browse, visit, use and/or access the Site at your own risk.
  4. If you do not accept the Agreement, please do not browse, visit, use and/or access the Site and/or any services in connection with the Site.
  5. We reserve our right to amend, revise, supplement and/or vary the terms and conditions of the Agreement at any time and from time to time by updating the relevant page. You should visit this page periodically to review the Terms of Use for the time being in force.

2. Definitions and Interpretations

  1. In these Terms of Use, unless the context requires otherwise, the following words and expressions shall have the following meanings:
    1. Business Day – means any day (other than a Saturday, Sunday and public holiday in Kuala Lumpur) on which banks are open for general business in Kuala Lumpur;
    2. Confidential Information – means all information (not generally available to the public) in whatever form, including but not limited to visual, oral or electronic form, relating to Heretix360, the Site and/or the Users (as the case may be), which is obtained, provided, disclosed and/or made available through Heretix360, these Terms of Use and/or the Site;
    3. Content – means all content available on the Site, including the Postings, organisation, layouts, user interface, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials;
    4. Heretix360 – means HERETIX360 SDN. BHD. (Company No. 1219320-U), a company incorporated in Malaysia and having its registered address at Lot M-02, Twin Arkz, No.3, Jalan Jalil Perkasa 1, Bukit Jalil 57000 Kuala Lumpur MALAYSIA and business address at Lot M-02, Twin Arkz, No.3, Jalan Jalil Perkasa 1, Bukit Jalil 57000 Kuala Lumpur MALAYSIA, and is the owner and operator of the Site
    5. Intellectual Property  – means patents, trademarks and service marks, rights in designs, trade or business names and copyrights (whether or not any of these is registered and including pending applications for registration of any such thing) and rights under licences and consents in relation to any such thing and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world;
    6. Parties – means Heretix360 and the User(s), and “Party” means any one of them;
    7. RM – means Ringgit Malaysia, the lawful currency of Malaysia;
    8. Site – means the online platform at https://www.heretix360.com and any subdomain thereof, including its web-based and related mobile applications (if any), related databases and supporting software operated by Heretix360 to which the Users are entitled to gain access, but excluding equipment, software and telecommunication configurations or links belonging to Heretix360, the Users or any third party;
    9. User -means any person who browses, visits, accesses and/or uses the Site, whether active, semi-active or inactive user, and “Users” means any two or more of them.
  2. References to statutory provisions shall be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions (whether before, on or after the date hereof) from time to time and shall include any provisions of which there are re-enactments (whether with or without modification).
  3. References herein to Clauses and Schedules are to clauses in and schedules to these Terms of Use unless the context requires otherwise and the Schedules to these Terms of Use shall be deemed to form part of these Terms of Use.
  4. The expressions “Heretix360” and “User” shall, where the context permits, include their respective successors, personal representatives and permitted assigns.
  5. Unless the context requires otherwise, words importing the singular include the plural and vice versa, and words importing a gender include every gender.
  6. Where a word or phrase is given a defined meaning in these Terms of Use any other part of speech or other grammatical forms in respect of such word or phrase has a corresponding meaning.
  7. Any reference to “these Terms of Use” is a reference to these Heretix360 Terms of Use (including the schedules) and any written amendments, supplementals or novations of these Terms of Use from time to time, and includes a reference to any document which amends, waives, is supplemental to or novates the terms of these Terms of Use.
  8. Any reference to “writing”, or cognate expressions, includes any communication effected via the Site, electronic mail, telex, cable, facsimile transmission or other comparable means but shall not include short messaging services, instant messaging services or internet chat.
  9. Any reference to “person” includes any individual, corporation, partnership, limited partnership, proprietorship, association, limited liability company, firm, trust, estate or other enterprise or entity.
  10. Any reference to a “day”, “week”, “month” or “year” is to that day, week, month or year in accordance with the Gregorian calendar.
  11.  If any period of time is specified from a given day, or the day of a given act or event, it is to be calculated exclusive of that day and if any period of time falls on a day which is not a Business Day, then that period is to be deemed to only expire on the next Business Day.

3. Site

  1. Heretix360 is the owner and operator of the Site. 
  2. Heretix360 grants the User a non-exclusive, non-transferable and revocable permission under these Terms of Use to browse, visit, access and use the Site in accordance with the terms and conditions of the Agreement.
  3. Heretix360 shall be entitled at its sole discretion, to cancel, withdraw, restrict, suspend, vary or modify the use, features and/or facilities of the Site (whether in whole or in part).

4. Use of The Site

  1. The User acknowledges the following: 
    1. that Heretix360 and the Site does not give warranty, either express or implied, as to the functionality, operability, accessibility, accuracy, correctness, reliability, up-to-dateness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, of the Site and the Contents;
    2. that the Content and material available on the Site shall be for informational purposes only, and shall not be regarded as an offer, solicitation, invitation, advice and/or recommendation from Heretix360 to buy, sell, subscribe to or dispose of any product;
    3. that it places and has placed no reliance whatsoever on any representations, agreements, statements or undertakings, whether oral or in writing, made or alleged to have been made by Heretix360 in relation to any Contents, activities, outcomes and/or transaction on the Site;
    4. that Heretix360 provides the Site on as “as is” basis and makes no representation as to the quality, completeness, up-to-dateness or accuracy of any Content made available on the Site;
    5. that Heretix360 does not warrant the use and access to the Site will be uninterrupted, error free or free of computer viruses or computer bugs or other harmful or corrupting code, or that defects will be corrected, or that the download, installation or use of any software or content of the Site in or with any computer will not affect the functionality or performance of the computer;
    6. the User shall be responsible for obtaining and using the necessary software and/or equipment to obtain access to the Site at the User’s own risk and expense, and shall be responsible for the performance and security (including without limitation taking all necessary measures to the extent reasonably possible to prevent unauthorised use or access) of any software and/or equipment used by the User;
    7. the User shall assume the entire cost of all necessary servicing, repair or correction of any defect, problem or damage in his computer, and Heretix360 shall not be liable for the loss of any of the content in the User’s computer and/or equipment, or for the deletion or failure to store any content maintained or posted by or through the Site; and 
    8. that Heretix360 does not warrant the Site will be protected against any malicious attack and that the data will not be compromised under such attack.

5. Rights and Powers of Heretix360

  1. The User hereby irrevocably authorises Heretix360 to disclose any information and/or data relating to the User to any government or regulatory agency or authority, any credit bureau, any other third parties, service providers, agents or business partners, and any other person to whom disclosure is permitted and/or required by the law. 
  2. Heretix360 shall have the right but not the obligation to appoint third parties to carry out the responsibilities and obligations, and/or to exercise the rights, of Heretix360 under these Terms of Use.
  3. Heretix360 reserves the right at its sole discretion to remove any Contents from the Site without assigning any reason thereof.
  4. Heretix360 reserves the right at its sole discretion to immediately suspend and/or terminate the use of the Site by any Users without assigning any reason thereof, without warning and/or notice, and the User shall have no claims or actions of whatsoever nature against Heretix360 or its affiliates with respect to such suspension and/or termination.

6. Representations and Warranties

  1. The User hereby represents and warrants as follows: 
    1. if applicable, the User is an individual of full age and sound mind and has voluntarily agreed to be bound by these Terms of Use;
    2. if applicable, the User is an entity validly incorporated according to the law of its place of incorporation and has voluntarily agreed to be bound by these Terms of Use;
    3. the User shall use the Site in a manner consistent with any and all applicable laws and regulations;
    4. the User shall only use the Site for the purpose contemplated hereunder and no other purpose, and shall not use the Site for any illegal or unlawful activity;
    5. there is no action, suit or proceeding at law or in equity or before any court, tribunal, governmental body, agency or official (whether pending or threatened) that is likely to affect the legality, validity or enforceability of these Terms of Use, or affect the User’s ability to perform his obligations hereunder;
    6. the User shall use and access the Site at his own risk;
    7. the User shall use and access the Site in accordance with these Terms of Use and in accordance with any law for the time being in force in Malaysia, including but not limited to the Communications and Multimedia Act 1998, and shall not use the Site for any unlawful purpose;
    8. the User shall not impersonate any person;
    9. the User shall not adapt, modify, copy, translate, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, framing and using, any Contents belonging to Heretix360;
    10. the User shall not transfer and/or sell any information, software, user list, database, texts, graphics, logos, photos, audio files, visual files and other information, data and document provided through or obtained from the Site to any person;
    11. the User shall not decompile, reverse engineer or otherwise attempt to discover the source code of the Site, and/or any Contents available on the Site; and
    12. the User shall not, without written authorisation from Heretix360, access, hack into, interfere with, disrupt, disable, overburden or otherwise impair the proper functioning of the Site, including but not limited to the following means: denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.

7. Cookies

  1. The Site uses cookies. The User shall have cookies enabled on his computer in order for all functionality on the Site to function accordingly.

8. Links to Third Party Website

  1. The Site may contain links and/or references to other websites, and vice versa. Heretix360 shall not be responsible for the Contents available on the third-party websites.

9. Force Majuere

  1. Heretix360 shall not be liable to the other party and shall not be deemed to be in breach of these Terms of Use by reason of any delay in performing or failure to perform any of its obligations under these Terms of Use if the delay or failure was caused by an event of force majeure. 
  2. Without prejudice to the generality of the foregoing provision, force majeure shall include but not limited to the following:
    1. act of God, including but not limited to fires, explosions, earthquakes, drought, tidal waves and floods, or accident;
    2. war, threat of war, act of terrorism or threat of terrorism, sabotage, insurrection, civil disturbance or requisition;
    3. restrictions imposed by any law, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority;
    4. interruption of traffic, strikes, lock-outs, or other industrial actions or trade disputes (whether involving the employees of Heretix360 or third party);
    5. breakdown of internet services for any reason whatsoever, save for the willful misconduct of Heretix360; and
    6. other unforeseeable circumstances beyond the control of the Party against which it would have been unreasonable for the affected Party to take precautions and which the affected Party cannot avoid even by using its best efforts.
  3. Heretix360 shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to an event of force majeure.
  4. Upon the occurrence of an event of force majeure, Heretix360 may at its options do any of the following:
    1. fully or partially suspend delivery and/or performance of its obligations under these Terms of Use when such event of force majeure continues; or
    2. terminate these Terms of Use with immediate effect.

10. Personal Data Protection

  1. The User hereby agrees that Heretix360 may collect, store, process, disclose, access, review and/or use personal data about the User, whether obtained from the User or from other sources, in accordance with the Personal Data Protection Act 2010, and the Personal Data Protection Policy of Heretix360 made available on the Site (“Privacy Policy”). 
  2. Each User shall immediately notify Heretix360 in writing in the event it has knowledge of or suspects any breach, potential breach or threatened breach of personal data of any User by any person, and shall upon request, provide such assistance to Heretix360 to address and solve the breach of personal data.

11. Indeminity

  1. The User shall, at all times, defend, indemnify and keep indemnified Heretix360 in full for all losses, costs, expenses, claims, demands, awards, fines, penalties, liabilities of whatsoever nature (whether present, future, contingent or otherwise and including legal fees on a full indemnity basis) and howsoever arising, which may be sustained, suffered or incurred by Heretix360 as a result of the following:
    1. any act or omission of the User, including the use of the Site;
    2. any breach, potential breach or threatened breach of the User’s obligations under these Terms of Use, or any statutory requirement, duty or law; and/or
    3. the User’s fraud, misconduct or misuse of any technology or any Intellectual Property rights under these Terms of Use.
  2. The User agrees and undertakes to pay on demand, any amounts owed pursuant to this Clause.

12. Liabilities

  1. In no event shall Heretix360, its officers and employees be liable to the User for any loss of business, profits, revenue or goodwill, and any indirect, consequential, special, exemplary or punitive losses or damages, whether arising from negligence, breach of contract or otherwise.
  2. The User agrees that Heretix360 shall not be liable for any loss, liability, damages, costs or expenses of any kind incurred by the User in connection with any unauthorised use of the Site, any use, delay or inability to use the Site, and/or the inability to obtain access to the Site.
  3. Heretix360 shall in no manner be responsible for the conduct of any User and shall not be liable for any action or proceedings taken by any User against any other party, and vice versa.
  4. In the event Heretix360 is liable for damages, the User agrees that Heretix360’s aggregate liabilities to the User for any and all damages, losses and causes of action in relation to, arising out of or in connection with these Terms of Use and/or the Site shall not exceed RM100.

13. Relationship of Parties

  1. Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between the Parties. No Party has authority to enter into agreements of any kind on behalf of the other Party.

14. Remedies

  1. No remedy conferred by any of the provisions of these Terms of Use is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the Parties shall not constitute a waiver by such Party of the right to pursue any other available remedies.
  2. No failure on the part of any Party to exercise and no delay on the part of any Party in exercising any right under these Terms of Use will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms of Use preclude any other or further exercise of it.

15. Variations

  1. Heretix360 reserves the right to amend, vary and/or supplement these Terms of Use from time to time. Any amendments, variations and/or supplements to these Terms of Use shall be effective when posted on the Site.
  2. The User’s continued use of the Site on or after the date on which any amendments, variations and/or supplements come into effect shall be construed as the User’s agreement to be bound by the amended Terms of Use.

16. Notices

  1. In certain circumstances where Heretix360 considers that a termination event may have occurred, Heretix360 may give any notice required under these Terms of Use in writing and arrange for it to be mailed or personally delivered or faxed or emailed to the recipient at the current address held in Heretix360’s record.
  2. All notices and communications are effective upon delivery.

17. Binding Effects

  1. These Terms of Use shall be binding upon the respective successors-in-title and permitted assigns of the Parties. The User shall not assign or transfer its rights, title, interests and benefits under these Terms of Use or any of its liabilities and obligations hereunder without the prior written consent of Heretix360.

18. Invalidity and Severability

  1. If any provision of these Terms of Use or part thereof is or may become under any written law, or is found by any court or administrative body or competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:
    1. such provision or part thereof shall be read down or severed only to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
    2. the illegality, voidness, invalidity, prohibition or unenforceability of any provision or part thereof in any jurisdiction shall not affect the legality, validity or enforceability of any other provision or of that provision in any other jurisdiction, and the remaining provisions of these Terms of Use shall remain in full force and effect; and
    3. the Parties shall use their respective best endeavours to negotiate and agree on a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.

19. Entire Agreement

  1. The Parties hereby agree that the provisions contained in the Agreement shall constitute the entire agreement between the Parties in respect of the subject matter herein and supersede all previous memoranda, expectations, understandings, communications, representations and agreements whether oral or written between them in respect of the subject matter hereof.

20. Governing Law and Arbitration

  1. These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. 
  2. In the event any dispute or difference shall arise amongst Heretix360 and the User as to the construction of these Terms of Use or as to any matter or thing of whatsoever nature arising thereunder or in connection therewith, including any question regarding its existence, validity or termination, such dispute or difference shall be submitted to a single arbitrator to be appointed by the Parties or, failing agreement within 14 days after either Heretix360 or the User has given to the other Party in dispute a written request to concur in the appointment of an arbitrator, a single arbitrator to be appointed by the Chairman for the time being of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) and such submission shall be a submission to arbitration in accordance with the Rules of the KLRCA as presently in force by which the Parties in dispute agree to be so bound. The place of arbitration shall be Malaysia and the arbitration shall be conducted wholly in the English language.