TERMS & CONDITIONS OF USE 

The Agreement set out below governs your use of Boostorder’s services/software (collectively known as ‘the Services’) provided by Boostorder Sdn. Bhd. (‘Boostorder’) 

1. Price and Payment 

(a) The price of the Services shall be the price quoted either in Boostorder’s invoice or confirmation of sale which shall be binding on Boostorder provided that the User shall have accepted Boostorder ’s quotation in accordance to the terms of quote. 

(b) The User may execute the invoice(s) or confirmation of sale electronically or digital, each of which when so executed shall be deemed to be an original and shall constitute a valid and binding execution by the User. 

(c) Boostorder may charge the User for any additional amounts that may be accrued by or in connection with the User’s account. 

(d) In the event, the User fails to effect payment on due date for payment (or for every recurring payment), Boostorder reserves the right to terminate the contract (that remains to be performed). 

2. The Account 

As a registered user of the Services, the User may establish an account (“Account”). The User are solely responsible for maintaining the confidentiality and security of the Account, and for all activities that occur on or through the Account, and the User agree to immediately notify the Boostorder of any security breach of the Account. Boostorder shall not be responsible for any losses arising out of the unauthorized use of the Account. 

3. The User 

The User shall include the User’s directors, officers, employees, affiliate, agents, contractors, principals, licensor and/or authorized personnel to download and/or use of the Services. 

4. Responsibilities of the User 

(a) The User is personally responsible for his use of the Services; 

(b) The User shall use the Services at his own risk; 

(c) The User shall use the Services in accordance with the terms and conditions of this Agreement and any law at the time being in force in Malaysia; 

(d) The User shall not list and/or advertise through the Services and/or advertise for sale on the Services any item which: - 

(i) Illegal including but not limited to controlled chemical substances, drugs, fireworks and explosive, human organ, pornography, prescription medication and weapons; 

(ii) Infringe the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party; 

(iii) Otherwise causes legally-recognized harm including but not limited to a product that contains a defamatory statement; or 

(iv) Violates or is illegal under any applicable law, statute, ordinance or regulation. 

(e) The User shall not provide and/or cause to be provided information which: 

(i) is false, inaccurate or misleading; 

(ii) involves the sale of counterfeit or stolen items or any other fraudulent act; 

(iii) infringes the intellectual property rights including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity of other or any third party; 

(iv) violates or breaches any law; 

(v) is defamatory; 

(vi) contains pornographic or obscene materials; 

(vii) contains any viruses and/or other programming routine that may damage, detrimentally interfere with surreptitiously intercept or expropriate any system, data or personal information; 

(viii) create liability for Boostorder or causes Boostorder to lose, in whole or in part, the services of its internet service providers or other suppliers; 

(ix) introduces or spreads or is intended to introduce and/or spread contents or propaganda of religious, cultural or racists nature; or 

(x) any other prohibited content as provided under any applicable law, statute, ordinance or regulation. 

Boostorder reserves the right to remove any items or content that it deems in violation of the above, at its sole discretion. 

5. Online Conduct of the User 

The User undertakes: 

(a) Not to decompile, reverse engineer or otherwise attempt to discover the source code of any content available on the Services except under the specific circumstances expressly permitted by law or Boostorder in writing; 

(b) To comply with this Agreement and such other notices or guidelines that maybe posted on the Services by Boostorder from time to time. Boostorder reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on the use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. The User continued use the Services will be deemed acceptance thereof.

(c) Not to use the Services for any unlawful purpose and to comply with all applicable laws;

(d) Not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Services. 

6. Intellectual Property 

(a) Unless otherwise stated, all content, organization, layouts, text, documents, databases, graphics, designs, compilations, photographs, picture, drawings, videos, sound recordings and other materials related to the Services (‘Content’) are vested in Boostorder. 

(b) The User is strictly prohibited from carrying out any of the following acts without prior written consent of Boostorder: 

(i) Modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website the Content; and 

(ii) Transferring and/or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from Boostorder or from the Services including but not limited to the texts, graphic, logos, photo, audio files and visual files. 

(c) The User hereby agrees to assign absolutely to Boostorder all title and interests relating to copyright in the listings posted on the Services, including but not limited to texts, graphics, drawings, layouts and photographs (“the Assigned Works”). 

(d) The User hereby warrants that he or she is the copyright owner in the Assigned Works and shall indemnify Boostorder from any claims by any third party arising from the ownership of the Assigned Works and/or any claims by any third party arising from the listing on the Services. 

(e) No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical for republication, distribution, assignment, sublicense, sale and preparation of derivative works or other use other than for the User’s use only. The User further agrees that he or she will not infringe Boostorder’s copyright by any method or manner now known or as may exist in the future. 

(f) The User indemnifies Boostorder from any claims by any third party arising from the listing on the Services. 

7. Links to Third Party Website 

The Services may contain links and/or references to other websites (“Third Party Websites”). Boostorder shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites. Third Party Websites are not investigated, monitored or checked for accuracy or completeness by Boostorder. Inclusion of and/or reference to any links or internet addresses on the Services does not imply approval or endorsement of those sites by Boostorder. In the event the User decides to leave the Services and access Third Party Sites, the User does so at his or her own risk. 

8. Exclusion of Liabilities 

To the full extent allowed by applicable law, in no event shall Boostorder, its directors, officers, employees, servants, suppliers, agents or assigns be liable under any circumstances for: 

(a) Any punitive, incidental, indirect or consequential damages and/or losses related to this Agreement including economic losses (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings);

(b) Any loss of goodwill or reputation;

(c) Any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs, patent infringement, breach of confidence;

(d) Any liability at common law; or

(e) In any other way. 

Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude Boostorder’s liability for fraudulent misrepresentation, or for death or personal injury resulting from Boostorder’s negligence or the negligence of Boostorder’s servants, agents or employees. 

For avoidance of doubt, Boostorder is not liable and shall not be liable for the acts or omission of other providers of telecommunications services or for faults in or failure of their networks and equipment. 

9. Indemnity 

The User at all times agrees and undertakes to indemnify, hold harmless and defend Boostorder, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by Boostorder directly or indirectly, due to or arising out of the User’s breach of this Agreement (including the documents incorporated by reference), or arising out of the User’s violation of any law or the rights of a third party. 

10. Termination 

If the User fails, or Boostorder suspects that the User has failed to comply with any of the provisions of this Agreement, Boostorder at its sole discretion without notice to the User may: (i) terminate the Agreement and/or the Account, and the User will remain liable for all amounts due under the Account up to and including the date of termination; and/or (ii) preclude access to the Services (or any part thereof). 

11. Disclaimer of Warranties 

(a) Boostorder does not warranty, represent or warrant that the use of the Services will be uninterrupted or error-free; 

(b) In no case shall Boostorder, its proprietors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from the use of the Services, 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 content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their responsibility. 

(c) Boostorder shall use reasonable efforts to protect information submitted by the User in connection with the use of the Services, but the User agrees that the User submission of such information is at the User’s own sole risk, and Boostorder hereby disclaims any and all liability to the User for any loss or liability relating to such information in any way. 

(d) Boostorder does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and Boostorder disclaims any liability relating thereto;

(e) Boostorder shall not be liable for any damages whatsoever due to any third party's unjustified access to the website, passwords or data or information in the website or server. Boostorder advises the User to take the necessary measures to ensure that the User’s smart phone, tablet, computer, any other hardware, software or other IT systems or other property are adequately protected from viruses or other malicious activities. 

12. Force Majeure 

Boostorder shall not be held responsible for any delay or failure to perform any part of the Services to the extent such delay or failure results from any cause beyond its reasonable control and without the fault or negligence of Boostorder such as acts of God, act of war or terrorism, extraordinary acts of the Federal Government of Malaysia or any state, territory or political subdivision thereof, fires, storms, floods, epidemic, pandemic, riots, work stoppages, strikes, embargoes, government restrictions, exchange or market rulings, extreme market volumes or volatility, suspension of trading (whether declare or undeclared), adverse weather or events of nature. Upon an occurrence of an event of Force Majeure, Boostorder cannot insure uninterrupted or error free service or access to the Services and there may be periods where access is delayed, limited or not available. 

13. Complaints 

All complaints or issues shall be filed at admin@boostorder.com, failing which Boostorder shall reserve the right not to entertain any complaints or issues raised by the User. 

14. Changes 

Boostorder reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. The User continued use of the Services will be deemed acceptance thereof. 

15. Personal Data Protection 

Please see Boostorder’s Privacy Policy, which forms a part of these Terms and Conditions. 

16. Waiver 

The failure by Boostorder to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement. 

17. Severity 

In the event any stipulation of this Agreement or part thereof is rendered void, illegal or unenforceable in any respect under any applicable, law, the validity, legality and enforceability of the remaining stipulations shall not in any way be affected or impaired. 

18. Laws and Jurisdiction 

This Condition of Sale shall be governed by the laws of Malaysia and the Parties irrevocably submit to the exclusive jurisdiction of the courts of Malaysia. The parties are to observe and comply with all other laws by-laws and regulations which are hold in force or which may hereinafter be enacted.